OLA 84

Question 1

trespasser if

Answer 1

no permission (Lowery v Walker)

Question 2

occupier

Answer 2

Lord Dennings sufficient control test (Wheat v Lacon)

Question 3

s1(3)(a) premise

Answer 3

any fixed or moveable structure (Wheeler v Copas)

Question 4

s1(1) was danger due to

Answer 4

state of premises (Keown v Coventry NHS)

Question 5

requirement for duty to arise (3)

Answer 5

s1(3)(a) D was aware of danger (Rhind v AWP)
s1(3)(b) D knew people were in vicinity (Higgs v Foster)
s1(3)(c) D should of considered precautions (Platt v Liverpool CC)

Question 6

s1(4) courts will consider (3)

Answer 6

1. cost of precautions (Latimer v AEC)
2. common sense
3. irresponsible minority (Platt v Liverpool CC)

Question 7

s1(5) can discharge if

Answer 7

warnings

Question 8

s1(6) defences (2)

Answer 8

1. consent (Ratcliffe v McConnell)

2. contributory negligence (Sayers v Harlow)

Question 9

s1(8) remedies

Answer 9

damages