Tort - Occupiers - non-visitors Flashcards
What can be claimed under OLA 1984 by non-visitors?
Personal injury only 👹🤕
What’s the definition of a trespasser under OLA 1984?
- Someone who goes onto land🚶♂️
- w/o invitation 😐 &
- presence is either unknown 🤷♂️to proprietor or
- if known, practically objected 🤬to
For a trespasser to be owed a DoC, what is required?
👹
- D actual knowledge of danger/reasonable grounds to believe it existed 🧨👀
- D actual knowledge aware/reasonable grounds that C was in vicinity of danger or may come into vicinity, and knew this at time of accident 🚶♂️👀
- Danger one reasonable to expected D to protect trespasser from ⚖️👹🛡️🧨
What case shows awareness of danger under OLA 1984 for non-visitors?
👀🧨
- C dived into a lake onto fiberglass container, C wasn’t aware it was there so no duty owed.
🤿🤷♂️
What case shows knowledge of in the vicinity under OLA 1984 for non-visitors?
👀🚶♂️
- D aware that people swam in harbour during the summer, but not in the winter.
🏊♂️🛥️🌞❌🥶
What cases shows breach under OLA 1984 for non-visitors?
👹
- Fence around factory, 9 year old fell through roof - no liability
👹🏰🏭🤕👍 - no fence around school, knew kids climbed on roof, child fell through roof, liable.
👹🚶♂️🧑🏫👀🤕👎 - Fence around pool, warning sign, drunk teenager jumped in - not liable.
👹🪧🏊🍺👍
What is the SoC for OLA 1984 for non-visitors?
That of a reasonable occupier - court considers normal factors plus:
- Nature of danger
- C is child or adult
- Nature of premises
- Purpose of C
- Whether occupier could/should have foreseen trespassing
What is required of a sign to be a defence under 1984?
Needs to warn of danger ⚠️
What defences are there for both OLA 1957 and 1984?
- Consent: must be fully aware of particular risk & shown through conduct
🤝 - Contributory negligence (where C is a child, judged against reasonable child of same age)
🤝🕳️
What’s the difference between the effect of a warning notice vs an exclusion notice?
Warning Notice: relevant to breach & whether D discharged DoC ⚠️✅
Exclusion Notice: operates as potential defence once claim established 🫵🤺
What restrictions are there on occupiers who can restrict/modify their liability?
a) Occupier can’t, by contract, exclude/restrict common DoC which they owe to a 3rd party i.e strangers to contract who must be allowed to enter 📄📭
b) Restricts use of clauses for B2B for personal injury/death or is not reasonable 🧑🍳👷♀️📄🤕☠️
c) for B2C, trader can’t exclude/restrict liability if term/notice is unfair 🧑🍳👨🦰📄🤥
d) Principle of common humanity🫡
