Overall Test-Tort - Negligence-occupiers' Liability

Question 1

Which OLA act says that the owner of a property owes a duty to keep safe lawful visitors?

Answer 1

Occupiers’ Liability Act 1957

Question 2

Which OLA act says that the owner of a property may also owe a duty to unlawful visitors (trespassers)?

Answer 2

Occupiers’ Liability Act 1984

Question 3

Define lawful visitors

Answer 3

A visitor may have express or implied consent to enter

Question 4

What are the four categories of lawful visitors?

Answer 4

1. Repeated visit
2. The doctrine of allurement
3. Entry in order to communicate
4. Statutory powers of entry

Question 5

How is a visitor lawful if he has made repeated visits?

Answer 5

If the occupier knows people regularly visit and he does nothing to stop it, consent is implied

Question 6

What case, under the repeated visits factors demonstrates consent being implied?

Answer 6

Lowery v Walker (1911)

Question 7

Under what circumstance will there not be liability for repeated visits?

Answer 7

If the implied consent is exceeded

Question 8

What case is used to demonstrate implied consent being exceeded?

Answer 8

Harvey v Plymouth County Council (2010)

Question 9

What is the doctrine of allurement?

Answer 9

A child will not be considered a trespasser if he wanders onto land to investigate something dangerous and attractive to children.

Question 10

What case is used to demonstrate the doctrine of allurement?

Answer 10

Jolly v Sutton London Borough Council (2000)

Question 11

What is meant by the factor “entry in order to communicate”?

Answer 11

There is implied consent to walk up to someone’s front door.

Question 12

What case is used to demonstrate entry in order to communicate?

Answer 12

Robson v Hallet (1967)

Question 13

Give some examples of statutory powers of entry.

Answer 13

An electricity meter reader
A postman
A fireman
A police officer with a warrant

Question 14

Define the term trespassers

Answer 14

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)

Question 15

What kind of offence is trespassing?

Answer 15

Strict Liability-both a burglar and someone who is lost on private land are trespassers.

Question 16

In what three circumstances can a lawful visitor become an unlawful visitor/trespasser?

Answer 16

Limits as to area
Limits as to time
Limits as to purpose

Question 17

Give an example of Limits as to area circumstance

Answer 17

A student can’t go in a staff room
A visitor to a museum should not enter a door marked private

Question 18

What is an exception for the limits as to area circumstances and what case demonstrates this?

Answer 18

Benefit of the doubt goes to the C
Pearson v Coleman Bros (1948)

Question 19

Give an example of a limit as to time circumstance

Answer 19

It would be trespassing to stay in a museum after closing time

Question 20

Give an example for a limits as to purpose circumstance and what case demonstrates this?

Answer 20

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

Question 21

Facts of Lowery V Walker (1911)

Answer 21

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.

Question 22

Facts of Harvey v Plymouth County Council (2010).

Answer 22

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.

Question 23

Fact of Jolley v Sutton London Borough Council (2000).

Answer 23

The attraction was an abandoned boat

Question 24

Facts of Pearson v Coleman Bros (1948).

Answer 24

a young girl wandered into the lion enclosure at a zoo and there were no clear signs to indicate where she was

Question 25

Facts of Tomlinson v Congleton Borough Council (2003).

Answer 25

C entered council park but became a trespasser when he jumped into lake despite sign forbidding swimming.