OLA 84 Flashcards
What does OLA 84 refer to
Imposes liability on occupiers with regards to ‘persons other than visitors’ - this includes trespassers, burglars and those who exceed their permission.
S.1(3) (A)- An occupier owes a duty to another (not being his visitor) if…
(A) - He is aware of the danger or has reasonable grounds to believe it exists
S.1(3) (B) - An occupier owes a duty to another (not being his visitor) if…
(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
S.1(3) (C)- An occupier owes a duty to another (not being his visitor) if…
Risk is one in which all circumstances of the case, he may reasonable be expected to offer the same protection
What is the relevance of Standard of Care and what sections does it contain
It is an objective test so if it’s not met it will not amount to a breach
S1(4) and S1(5)
What is S1(4) and key cases to go with it
- 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
What is S1(5) and a key case to go with it
- 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
3 defences under S1(6)
Volenti non fit injuria
Contributory negligence
Exclusion of liability
What is volenti non fit injuria
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
What is contributory negligence
Damages may be reduced under the law reform(contributory negligence) act 1945 where the viitor fails to take reasonable care for their own safety
What is exclusion of liability
You can potentially exclude liability more in the 57 act than the 84 act
Revill v Newbery (1996)
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.
Donoghue v Folkstone Properties
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.
