OLA Defences

Question 1

what are the general defences

Answer 1

contributory negligence
volenti
exclusion by agreement

Question 2

Cases for contributory negligence

Answer 2

Slack v Genie
Spearman v Royal Utd Bath Hosp
Young v Kent
Keown v Coventry Hosp

Question 3

cases for volenti

Answer 3

Ratcliffe v McConnell
Geary v JD Wetherspoon
The White Lion Hotel v James

Question 4

Exclusion by agreement cases

Answer 4

White v Blackmore

Question 5

Factors to consider for contributory negligence

Answer 5

Skill level of the claimant
C’s ability to appreciate the danger
Older child trespassers

Question 6

what is the common law test for volenti

Answer 6

C knew of the risks
C freely and voluntarily consented to bear the consequences of the risk

Question 7

Requirements for an exclusion by agreement defence

Answer 7

Must be an exclusion notice (not a warning sign)
Must be made clear and accepted by claimant

Question 8

What else must be taken into consideration for the third defence?

Answer 8

The Unfair Contract Terms Act 1977 - person cannot exclude liability unless reasonable.

Question 9

what does s.2(1) OLA 57 state?

Answer 9

a person cannot by reference to any contract term or to a notice […] restrict his liability for death or personal injury resulting from negligence’.w

Question 10

What about business occupier’s

Answer 10

Unclear whether they can validly exclude liability toward trespassers as OLA 84 and UCTA 1977 do not refer to it.