Overall Test-Tort - Negligence-occupiers' Liability Flashcards
Which OLA act says that the owner of a property owes a duty to keep safe lawful visitors?
Occupiers’ Liability Act 1957
Which OLA act says that the owner of a property may also owe a duty to unlawful visitors (trespassers)?
Occupiers’ Liability Act 1984
Define lawful visitors
A visitor may have express or implied consent to enter
What are the four categories of lawful visitors?
- Repeated visit
- The doctrine of allurement
- Entry in order to communicate
- Statutory powers of entry
How is a visitor lawful if he has made repeated visits?
If the occupier knows people regularly visit and he does nothing to stop it, consent is implied
What case, under the repeated visits factors demonstrates consent being implied?
Lowery v Walker (1911)
Under what circumstance will there not be liability for repeated visits?
If the implied consent is exceeded
What case is used to demonstrate implied consent being exceeded?
Harvey v Plymouth County Council (2010)
What is the doctrine of allurement?
A child will not be considered a trespasser if he wanders onto land to investigate something dangerous and attractive to children.
What case is used to demonstrate the doctrine of allurement?
Jolly v Sutton London Borough Council (2000)
What is meant by the factor “entry in order to communicate”?
There is implied consent to walk up to someone’s front door.
What case is used to demonstrate entry in order to communicate?
Robson v Hallet (1967)
Give some examples of statutory powers of entry.
An electricity meter reader
A postman
A fireman
A police officer with a warrant
Define the term trespassers
Someone who enters without permission and whose presence is either:
Unknown to the occupier, or
Known to the occupier who has objected to it in a practical fashion (e.g. a sign, verbal warning etc)
What kind of offence is trespassing?
Strict Liability-both a burglar and someone who is lost on private land are trespassers.
In what three circumstances can a lawful visitor become an unlawful visitor/trespasser?
Limits as to area
Limits as to time
Limits as to purpose
Give an example of Limits as to area circumstance
A student can’t go in a staff room
A visitor to a museum should not enter a door marked private
What is an exception for the limits as to area circumstances and what case demonstrates this?
Benefit of the doubt goes to the C
Pearson v Coleman Bros (1948)
Give an example of a limit as to time circumstance
It would be trespassing to stay in a museum after closing time
Give an example for a limits as to purpose circumstance and what case demonstrates this?
If you are there for one purpose but pursue another you may become a trespasser.
Tomlinson v Congleton Borough Council (2003)
Allowed in Council Park but not lake with signs forbidding swimming
Facts of Lowery V Walker (1911)
Villagers habitually used D’s field as a shortcut to train station.
He put dangerous horse in it which attacks someone.
Liable as implied consent.
Facts of Harvey v Plymouth County Council (2010).
To avoid paying for a taxi C ran across some open council land in the dark, fell and was injured. Land regularly used by teenagers and others; however, there was no implied consent to carry out dangerous activities like running in the dark.
Fact of Jolley v Sutton London Borough Council (2000).
The attraction was an abandoned boat
Facts of Pearson v Coleman Bros (1948).
a young girl wandered into the lion enclosure at a zoo and there were no clear signs to indicate where she was
Facts of Tomlinson v Congleton Borough Council (2003).
C entered council park but became a trespasser when he jumped into lake despite sign forbidding swimming.
