OLA 1984

• What are premises defined as under s1(3)(a) of the OLA 1957?

  Not only land or buildings but also fixed or moveable structures including: vessels, vehicles and aircraft
• Where is the law on premises found for the OLA 1984?

  s1(3)(a) of the OLA 1957
• What type of tort is the Occupier's Liability Act 1984?

  Statutory
• What does the OLA 1984 refer to?

  The liability on occupiers with regard to persons other than 'lawful visitors' - trespassers
• What is there no requirement for an occupier to be?

  The owner of the premises or to physically occupy the premises
• There may be more than one occupier
• What is the test for an occupier from Wheat?

  Occupational control
• Which case gives us the test of occupational control?

  Wheat
• What is the 'occupational control' test from Wheat?

  Any person with any degree of control over the premises
• What was the original common law position from Addie on trespassers?

  Not entitled to compensation
• Which case overruled Addie and established a 'common duty of humanity'?

  British Railways Board
• Why was the OLA 1984 passed?

  Common duty of humanity from British Railways Board unclear
• Who is a trespasser?

  Any person who:

  Enters without invitation

  Prescence is unknown to occupier but has he objected in any way

  Exceeding limit of permission
• Under s1(1)(a) when is the duty of care owed to trespassers?

  In respect of any risk of their suffering injury on the premises by reason of any danger due to the state of the premises or to things done or omitted to be done on them
• What section tells us when a duty of care is owed to trespassers?

  s1(1)(a)
• What is a case where a lawful visitor exceeds their permission and becomes a trespasser?

  Tomlinson
• Under what section tells us that the premises must be in a "dangerous state"?

  s1(1)(a)
• Which is a case for whether the premises are dangerous?

  Keown
• What are the three criteria that tell us an occupier owes a D.of.C to a trespasser under s1(3)?

  s1(3)(a) occupier aware of a danger/has reasonable grounds to believe it exists

  s1(3)(b) occupier knows/has reasonable grounds to believe other is in vicinity of danger/may come into vicinity

  s1(3)(c) Risk is one the occupier may reasonably be expected to offer some protection against
• Which section tells us the three criteria that mean an occupier owes a D.of.C to a trespasser?

  s1(3)
• What is the first criteria that tells us if an occupier owes a D.of.C to a trespasser?

  s1(3)(a) occupier aware of a danger/has reasonable grounds to believe it exists
• What is the second criteria that tells us if an occupier owes a D.of.C to a trespasser?

  s1(3)(b) occupier knows/has reasonable grounds to believe other is in vicinity of danger/may come into vicinity
• What is the third criteria that tells us if an occupier owes a D.of.C to a trespasser?

  s1(3)(c) Risk is one the occupier may reasonably be expected to offer some protection against
• What is a case for the criteria that tells us if an occupier owes a D.of.C to a trespasser?

  Donoghue
• An occupier only has a duty of care for the state of the premises (s1(1)(a))
• What does s1(4) tell us about the occupier's duty of care?


  Take such reasonable care to see the trespasser doesn't suffer injury because of the danger
• Which section tells us the occupier must "take such reasonable care to see the trespasser doesn't suffer injury because of the danger"?

  s1(4)
• What defences can be used against the OLA 1984?

  Consent

  Contributory negligence
• Which section tells us that damages cannot be claimed for loss to property?

  s1(8)
• What does s1(8) tell us cannot be claimed under damages?

  Loss to property
• What are the claimable damages under the OLA 1984?

  Death and personal injury
• What does Phillips say about the D.of.C for occupiers in the OLA 1984 compared to the OLA 1957?

  It is "significantly less exacting"
• What does Hoffman say about the D.of.C for occupiers in the OLA 1984 compared to the OLA 1957?

  It is "intended to be a lesser duty, as to both incidence and scope"
• Under s1(5) how may an occupier discharge their duty?

  Taking reasonable steps to warn of the danger or discourage the person from incurring the risk
• Which section tells us an occupier can discharge their duty by "taking reasonable steps to warn of the danger or discourage the person from incurring the risk"?

  s1(5)
• Which case shows an occupier can discharge their duty by warning the person of the danger?

  Tomlinson
• Which case tells us that, where adult trespassers are involved, the occupier won't be liable for obvious dangers?

  Ratcliff
• What does Ratcliff tell us about trespassers?

  Where adult trespassers are involved, the occupier won't be liable for obvious dangers
• What factors may the judge take into account when deciding whether to discharge the duty?

  Likelihood of trespass

  Seriousness of injury risked

  Cost/practicality of precautions

  Likely age of trespassers

  Visibility/attractiveness of danger

  Common sense

  Occupier shouldn't have to guard against irresponsible minority
• Which does Platt tell us about discharging a duty?

  Occupier will not be liable where there is no more they could have done