OLA '84

Question 1

What can a trespasser claim for under OLA’ 84? + section

Answer 1

s1(8) - personal injury or death

Question 2

What does s1(1)(a) ‘84 Act govern?

Answer 2

The liability of an occupier to ‘persons other than his visitors’ in respect of ‘danger due to the state of the premises’

Question 3

What are the 8 elements of OLA ‘84?

Answer 3

1. Occupier
2. Premises
3. Persons other than visitors
4. Scope of duty
5. Standard expected
6. Causation
7. Avoid liability if warning
8. Defence of violenti preserved by s1(6)

Question 4

What does ‘persons other than visitors’ include? (3)

Answer 4

Trespassers
Exceeded permission
Persons exercising private rights of way

Question 5

Explain 3 elements in scope of duty including section

Answer 5

s1(3) occupier owes a duty if:
(a) aware of danger or has reasonable grounds to believe it exists
(b) knows/ reasonable grounds to believe non-visitor is in vicinity of the danger of may come into existence with risk vicinity of the danger
(c) Reasonably be expected to offer non-visitor some protection

Question 6

What is the PoL for Keown v Coventry Healthcare NHS Trust?

Answer 6

Occupier owes a duty if danger is due to state of premises

Question 7

What case states that there is no liability if they are not aware of the danger?

Answer 7

Rhind v Astbury Water Park

Question 7

What is the PoL for Donoghue v Folkstone Properties?

Answer 7

No liability if don’t know/ believe trespasser would be in the vicinity

Question 8

What does s1(4) say in regards to the standard expected?

Answer 8

The duty is to take such care as is reasonable in all the circumstances of the case

Question 9

What test do we use in regards to standard expected?

Answer 9

Objective test - reasonable man
Breach
Risk factors

Question 10

What is the PoL for Tomlinson?

Answer 10

Non-visitors are expected to take reasonable precautions against obvious dangers

Question 11

Briefly explain causation tests

Answer 11

Factual - ‘but for’ - Barnett v Chelsea & Kensington Hospital
Legal - remoteness of damage - Wagon Mound

Question 12

Under what act may the occupier avoid their liability?

Answer 12

s1(5)

Question 13

What does s1(5) say?

Answer 13

In appropriate cases, occupier may discharge his duty by taking reasonable steps to warn of the danger

Question 14

Are warnings effective to children?

Answer 14

Generally, no (particularly young children)

Question 15

When will warnings be effective?

Answer 15

When they warn of precise danger in clear terms

Question 16

What must C appreciate in order for D to use defence of violenti? + case

Answer 16

The nature and degree of risk, not merely be aware of its existence - Ratcliff