OLA 84

Question 1

Definition of trespasser

Answer 1

Someone who goes on land without any sort of permission and whose presence is unknown to O or, if known, is objected to

Question 2

Who does OLA 84 concern?

Answer 2

trespassers

Question 3

Briefly, what does S.1(1)(a) cover?

Answer 3

Compensation for personal injury only

Question 4

Briefly, what does S.1(3)(a) cover?

Answer 4

Being aware of the danger

Question 5

Briefly, what does S.1(3)(b) cover?

Answer 5

Someone is near the danger

Question 6

Briefly, what does S.1(3)(c) cover?

Answer 6

O needs to offer protection

Question 7

Briefly, what does S.1(4) cover?

Answer 7

Standard of care

Question 8

S.1(1)(a)

Answer 8

Compensation will be awarded for “injury on the premises by reason of any danger due to the state of the premises or things done/omitted to be done to them”, but not for damage to property

Question 9

S.1(3)(a)

Answer 9

He/she is aware of the danger or has reasonable grounds to believe it exists

Question 10

S.1(3)(b)

Answer 10

He/she knows or has reasonable grounds to believe the trespasser is in the vicinity of the danger concerned or that he/she may come into the vicinity of the danger

Question 11

S.1(3)(c)

Answer 11

The risk is one against which
in all circumstances
he/she may be expected to offer the trespasser some protection

Question 12

S.1(4)

Answer 12

Take such care as is reasonable
in the circumstances
to see that the trespasser is not injured
by reason of the danger

Question 13

How does a lawful visitor become a trespasser?

Answer 13

By exceeding permission

Question 14

Under what sections do occupiers only owe a duty of care?

Answer 14

S.1(3)(a), S.1(3)(b), S.1(3)(c)

Question 15

Is the standard of care subjective or objective?

Answer 15

Objective

Question 16

Name the three defences for OLA 84

Answer 16

.Contributory negligence
.Consent (Volenti non fit injuria)
.Warnings

Question 17

How does contributory negligence work as a defence?

Answer 17

Reduces the damages payable to C by such proportions as the judge deems appropriate to reflect C’s responsibility for their injuries

Question 18

How does consent (volenti non fit injuria) work as a defence?

Answer 18

Applies if a trespasser appreciates the nature and degree of the risk, more than just it’s existence. They have somewhat consented to voluntary injury

Question 19

Where is the defence of consent defined?

Answer 19

S.1(6)

Question 20

How do warnings work as a defence?

Answer 20

A warning sign is an effective defence if it warns of the danger in clear terms for the adult visitor

Question 21

How do warnings apply to children?

Answer 21

It depends on the age and understanding of the child as to whether they can interpret the sign or not

Question 22

What case demonstrates warnings as a defence?

Answer 22

Westwood v Post office

Question 23

Westwood v Post office

Answer 23

Facts: An employee was injured after entering a room labelled “only the authorised attendant is permitted to enter”. The door was unlocked
Ratio: The notice is sufficient warning for an adult
Area: Warnings

Question 24

What case defines a trespasser?

Answer 24

Addie v Dumbreck

Question 25

what case overruled Addie v Dumbrek?

Answer 25

Herrington v BRB

Question 26

what is the ratio of Addie v Dumbreck?

Answer 26

No duty of care is owed to trespassers

Question 27

what is the ratio of Herrington v BRB?

Answer 27

A duty of care is owed to trespassers

Question 28

Does the occupier need to warn adult trespassers if the danger is obvious?

Answer 28

No

Question 29

Which case says the occupier doesn’t need to warn adult trespassers if the danger is obvious?

Answer 29

Rattcliff v McConnell

Question 30

What case says that the occupier must take into account the practicality of taking precautions?

Answer 30

Tomlinson v Congleton

Question 31

What does Donoghue v Folkstone define?

Answer 31

That an occupier is entitled to expect a trespasser not to engage in particularly foolhardy pursuits or ones which the claimant’s expertise or training should make them aware of