The Occupiers Liability Act 1984

Question 1

OLA 1984 is concerned with…

Answer 1

Occupiers liability towards trespassers.

Question 2

Occupier

Answer 2

S1(2) person treated as such under common law + has sufficient degree of control over property (Wheat v Lacon).

Question 3

Premesis

Answer 3

S1(2) fixed/ moveable structure (including vessel, vehicle/ aircraft).

Question 4

Tresspassers are…

Answer 4

Any person who enters without invitation
Any person who’s presence is unknown or known to occupier but objected to.

Question 5

Lawful visitors turns into a tresspasser by…

Answer 5

Exceeding the limit to their permission (The Calgarth).

Question 6

C must prove

Answer 6

Damage occurred due to state of premises + not dangerous activities of C himself (Keown v Coventry NHS Trust).

Question 7

Duty of care test

Answer 7

S1(3)(a) occupier aware of danger/ reasonable grounds to believe danger exists (Rhind v Astbury)

S1(3)(b) occupiers knows/ reasonable grounds to believe someone is in vicinity of danger (Higgs v Foster)

S1(3)(c) danger is one occupier is expected to offer some protection against (Tomlinson v Congleton BC)

Question 8

If ALL 3 conditions do not exist

Answer 8

D owes NO duty of care to C (Donoghue v Folkestone)

Question 9

Standard of duty

Answer 9

S1(4) reasonable steps taken to ensure T does NOT suffer injury on premises because of danger.

Question 10

Discharge duty

Answer 10

S1(5) taking reasonable steps to give warnings. Signs (Tomlinson v Congleton BC).

Question 11

Impossible to guard against determined tresspassers.

Answer 11

Platt v Liverpool City Council.

Question 12

Defences

Answer 12

1. Contributory negligence
2. Consent s1(6)

Question 13

Remedy

Answer 13

Damages - death + personal injury, NO property damages - s1(8)

Question 14

Occupier may not be liable if

Answer 14

Obvious risk (Ratcliffe v McConnell)