OLA ACT 1984

Question 1

who is a trespasser with cade

Answer 1

someone whose presence is unknown and if it is known, it is practically objected to (Addie v Dumbreck)

Question 2

what is the duty with case

Answer 2

A duty of common humanity, so should not be injured by dangerous state of premises (Keown)

Question 3

The occupier will ONLY owe the duty if: (3 points)

Answer 3

1. he is aware of danger or has reasonable grounds to believe it exists (Rhind v Astbury Water Park)
2. knows or believes a trespasser is in, or may come into the vicinity of danger (Donoghue v Folkestone)
3. The risk is one against which, he may reasonably be expected to offer the other (trespasser) some protection

Question 4

breach

Answer 4

very brief paragraph but include nature of premises, age of trespasser, warnings

Question 5

tomilson v congleton

Answer 5

KLP- take some precautions but do not need to take all

Question 6

structure

Answer 6

1. define OLA 84
2. define occupier
3. define premises
4. defines trespasser
5. duty owed if:
6. duty of common humanity
7. breach
8. defences (contributory neg, volenti)
9. damages (death or personal injury, NO DMG TO PROPERTY)

Question 7

premises meaning in 84

Answer 7

fixed or moveable structure

Question 8

warning sign difference in OLA 57 and OLA 84

Answer 8

57- clear and must state the danger

84- must discourage person