Trespass to the Land and Occupiers Liability

Question 1

What are the two Statutes and the dates for this area?

Answer 1

Occupiers Liability Act 1957

Occupiers Liability Act 1984

Question 2

Is Trespass to the land Actionable per se? And what does this mean?

Answer 2

Yes, no damage is required

Question 3

What is a definition of Trespass to the land?

Answer 3

It means to directly enter onto the land or remaining upon the land, or placing any object upon the land that is in possession of the claimant.

Question 4

What is the case which indicates the limits of land?

Answer 4

Berstein v Skyviews (1977)

Question 5

What happened in Berstein v Skyviews (1977)

Answer 5

• The defendant had gone onto a helipoctor and taken arial pictures of a house
• He then tried to sell them to the claimant, the owner of the property
• This was seen to be not good
• He brought an action against him for this reason
• It was held that there was no trespass as the airspace wasn’t a constituting ownership

Question 6

What is the meaning of ownership

Answer 6

• Immediate and exclusive possession of a property

- Right to exclude all others

Question 7

What is the case for intentional interference?

Answer 7

League against cruel animals, The dogs were seen as running into land, which could be seen as really

• The Dogs
• The leader of the hunt (master) would be seen to be liable

Question 8

What could land constitute as?

Answer 8

• Soil
• Surface of the soil
• Lands and Fixtures
• Buildings and fixtures

Question 9

What is meant by immediate and exclusive possession of another?

Answer 9

• Not necessarily ownership (parental home, rentals)

- rights to exclude others

Question 10

What is direct interference?

Answer 10

Walking on the land, sitting on the land

Question 11

What is indirect interference?

Answer 11

• Noises
• Smells
• Interference with another enjoyment of property

Question 12

What is meant by intentional interference?

Answer 12

• No intent to trespass is necessary

- No intention to cause harm

Question 13

What are some defences for trespass to the land?

Answer 13

• License or consent, permission to be there
• Lawful authority
• Necessity

Question 14

What is the lawful authority defence lead precedent? Give a brief description?

Answer 14

Jeffrey v Black
- There was a sandwich theif
Who had trespassed on the land and the police had followed him home, to find no sandwich but found Cannabis- all done without a warrant. On this occasion it was seen that the police were negligent for trespass as they didn’t have sufficient authoritative/legal standing

Question 15

What is meant by necessity?

Answer 15

Esso Patroleum v Southport

If there is no other way of you being somewhere

Question 16

What are some of the remedies which can be had?

Answer 16

• Injunctions (equitable remedy) more likely to happen when there is an ongoing trespass
  Damages
• Nominal or actual

Question 17

What is occupiers liability?

Answer 17

• Liability which occurs when people are injured on a property because of danger

Question 18

Where did it develop?

Answer 18

Developed under common law

Question 19

What does the occupiers liability act 1957 deal with?

Answer 19

Liability in respect to lawful visitors

Question 20

What does the Occupiers Liability act 1984 deal with?

Answer 20

Liability ins select to non visitors and trespassers

Question 21

Where is occupiers liability for visitors found?

Answer 21

Section 2 (1) OLA

Question 22

Where is trespassers found?

Answer 22

Section 1 (3) OLA 1984

Question 23

What happened in Wheat E Lacon & Co Ltd (1966)

Answer 23

• The defendant was a tenant
• In a pub
• No railing
• Fell downstairs, consequently dies?
• Could anybody be held responsible?
• Yes the managers

Question 24

Who is a lawful visitor?

Answer 24

‘When you invite somebody in to use your stairs, you don’t invite them to slide down the banister’

Question 25

What happened in Tomlinson v Congelton?

Answer 25

• Lake
• No diving
• Dived
• Tried to sue council
• House of lords ‘reasonable foreseeability’

Question 26

What is a special visitor?

Answer 26

Children