Tort Law - The Occupiers Liability Act 1984

Question 1

Occupier

Answer 1

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

Question 2

Premises

Answer 2

S1(2) any fixed or moveable structure including vessels, vehicles and aircraft (wheeler v copas)

Question 3

Trespasser

Answer 3

Any person who enters without invitation
Any person who’s 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)

Question 4

Duty of care

Answer 4

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)

Question 5

Standard of duty owed

Answer 5

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

Question 6

Discharging duty

Answer 6

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

Question 7

Defences

Answer 7

Contributory negligence, consent

Question 8

Defences

Answer 8

Contributory negligence, consent

Question 9

Defences - contributory negligence

Answer 9

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)

Question 10

Defences - consent

Answer 10

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).
No duty of care for risks willingly accepted by trespasser (Ratcliffe v McConnell)

Question 11

Remedies

Answer 11

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