OLA 84

Question 1

Part 1 and 2

Answer 1

The same as OLA 57

Question 2

Part 3

Answer 2

It must be proven the claimant was a trespasser

Question 3

Part 3.1

Answer 3

A trespasser is someone who enters a property uninvited; either their presence is unknown or it has been objected to in some fashion, like a sign. (addie v dumbrek). If you go beyond the permission of the occupier you become a trespasser (calgarth)

Question 4

part 4

Answer 4

It must be established that the occupier breached their duty.

Question 5

Part 4.1

Answer 5

The duty owed to a trespasser is to take such care as is reasonable in all circumstances to see that the other does not suffer injury on the premises by reason of danger concerned

Question 6

Part 5

Answer 6

S1(3) states as to when a trespasser should be owed a duty of vare

Question 7

Part 5.1

Answer 7

S1(3)a: occupier is aware of the danger or has reasonable grounds to believe it exists

Question 8

Part 5.2

Answer 8

S1(3)b: occupier is aware or that the trespasser is in the vicinity of the danger. (young v kent cc)

Question 9

Part 5.3

Answer 9

S1(3)c: the risk is one which he may be reasonably be expected to offer some protection as in keown v cov healthcare NHS trust

Question 10

Part 6

Answer 10

If the defendant puts up a warning sign, it can reduce their liability. if someone enters and recognises the sign they are aware that they are in the zone of danger (Tomlinson v Congleton bc)

Question 11

Part 6.1

Answer 11

An occupier is not required to warn against obvious risks e.g diving into a pool without knowing the depth. (Ratcliff v McConnell)