Topic 8.5: OLA 1984

Question 1

What does the OLA 1984 concern?

Answer 1

Unlawful visitors (i.e. trespassers)

Question 2

When does the D owe a DoC to an unlawful visitor?

Answer 2

1) D was aware or had reasonable grounds to believe danger existed 2) D knew or could’ve known that C was or could’ve been in the vicinity of the danger 3) The risk warranted D to provide some sort of protection to C

Question 3

What kind of dangers will give rise to liability?

Answer 3

If the dangers are obvious; NO liability, If dangers are non-obvious; Liability exists

Question 4

What are the elements to prove a breach in OLA 1984?

Answer 4

1) Reasonable foreseeability 2) Any precautionary steps? 3) Were these steps reasonable for Ds case?

Question 5

What are the defences under OLA 1984?

Answer 5

Warnings, Consent, and Contributory Negligence