The Occupiers Liability Act 1984 Flashcards

1
Q

Occupier

A

S1(2) a person who would be treated as such under common law (Wheat v Lacon). Occupier must have significant control over property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Premisis

A

S1(2) any fixed or moveable structure including vessels, vehicles and aircraft’s (Wheeler v Copas)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Trespasser

A

Any person who enters with our invitation. Any person whose presence is unknown to the occupier. Any person known to the occupier but the occupier has objected to it in some way. D becomes trespasser by exceeding the limit to their premises (The Calgarth).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Duty of care

A

Damage occurred due to the Tate of the premises and not the dangerous activities of C himself (Keown v Coventry NHS Trust) and obvious risk (Ratcliffe v McConnell). S1(3) - 1. S1(3)(a) occupier was aware of danger or has reasonable grounds to believe it exists (Rhind v Astbury) 2. S1(3)(b) knows/has reasonable grounds to believe someone is in the vicinity of danger (Higgs v Foster) 3. S1(3)(c) danger is one that he may reasonably be expected to be expected to offer some protection against (Tomlinson v Congleton BC). If all conditions do not exist then D owes no duty of care to C (Donoghue v Folkestone Properties)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Standard of duty owed

A

S1(4) occupier owed duty to trespasser to take such care as is reasonable in all circumstances to ensure trespasser does not suffer injury on premises because of danger

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Discharge duty

A

S1(5) by taking reasonable steps to give warnings. Putting up signs (Tomlinson v Congleton Borough Council). Impossible to guard against determined trespassers (Platt v Liverpool CC).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Defences

A

Contributory negligence, consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Defences - contributory negligence

A

S2(3) - Partial defence. The law reform (contributory negligence act) 1945. Only applies when Cs own behaviour has fallen bellow standard expected of the reasonable man and C contributed to own loss. C contributed to accident (Brandon v Airtours). C made their injuries worse (Froom v Butcher)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Defences - consent

A

S2(5) (Geary v JD Weatherspoon PLC) - C knows there’s a risk of D acting negligently and freely consents to that risk (Morris v Murray)
Consent not freely given-C has little choice (Smith v Baker) or C felt a moral obligation (Haynes v Harwood)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Remedies

A

S1(8) successful C can claim for death and personal injury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly