OLA 84

Question 1

What does OLA 84 refer to

Answer 1

Imposes liability on occupiers with regards to ‘persons other than visitors’ - this includes trespassers, burglars and those who exceed their permission.

Question 2

S.1(3) (A)- An occupier owes a duty to another (not being his visitor) if…

Answer 2

(A) - He is aware of the danger or has reasonable grounds to believe it exists

Question 3

S.1(3) (B) - An occupier owes a duty to another (not being his visitor) if…

Answer 3

(B) - He knows or has reasonable grounds to believe the other is in the vicinity of danger or may come into the vicinity of danger - Donoghue v Folkstone Properties

Question 4

S.1(3) (C)- An occupier owes a duty to another (not being his visitor) if…

Answer 4

Risk is one in which all circumstances of the case, he may reasonable be expected to offer the same protection

Question 5

What is the relevance of Standard of Care and what sections does it contain

Answer 5

It is an objective test so if it’s not met it will not amount to a breach
S1(4) and S1(5)

Question 6

What is S1(4) and key cases to go with it

Answer 6

• The duty is to take such care as reasonable in all circumstances if the case to see the other doesn’t suffer injury in the premises by reason danger concerned - Ratcliff v McConnell
• Also means it must be the premises itself that are dangerous not the activity the claimant engaged in - Keown v Coventry Healthcare NHS

Question 7

What is S1(5) and a key case to go with it

Answer 7

• The duty may be discharged by giving a warning or discouraging them to take a risk - no obligation to warn them in 84 - Tomlinson v Congleton

Question 8

3 defences under S1(6)

Answer 8

Volenti non fit injuria
Contributory negligence
Exclusion of liability

Question 9

What is volenti non fit injuria

Answer 9

A defence based upon the claimant consenting to the risk of injury suffered
For the defence to succeed the claimant must have been fully aware of all risks involved including their nature and extent

Question 10

What is contributory negligence

Answer 10

Damages may be reduced under the law reform(contributory negligence) act 1945 where the viitor fails to take reasonable care for their own safety

Question 11

What is exclusion of liability

Answer 11

You can potentially exclude liability more in the 57 act than the 84 act

Question 12

Revill v Newbery (1996)

Answer 12

S1 - An occupier cannot treat a trespasser as an outlaw and owes a duty to him that the trespasser does not suffer injury on the premises.

Question 13

Donoghue v Folkstone Properties

Answer 13

The defendant had no reason to believe that the claimant would come into the vicinity of the danger at night in mid-winter. Section 1(3)(b) was not established.

Question 14

Keown v Coventry Healthcare NHS Trust (2006)

Answer 14

Ratio: Occupiers are not liable if the injury is caused by the claimant’s actions and there is no known danger posed by the property.

Question 15

Ratcliff v McConnell (1997)

Answer 15

Ratio: The occupier’s duty to trespassers is limited, and it was not foreseeable that the claimant would jump into the pool in such circumstances.

Question 16

Tomlinson v Congleton Borough Council (2003)

Answer 16

Ratio: The council did not owe a duty of care to the claimant, as the risk was obvious and the claimant’s actions were the cause of the injury.