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Paper 2
Occupiers liability
OLA 1984
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Created by
Jess T
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Cards (14)
S1(2)
An occupier and premises have the same meaning asas they do for the purpose of
OLA 1957
Trespassors
Someone who enters land without
permission
or is objected to in some practical fashion
Tomlinson v Congleton
When a visitor carries out more than their intended purpose could be
trespassor
S1(1)
Claim must rise from aa dangerous state of the premises not C's own act (
Keown v Convention NHS Trust
)
S1(3)(a)
Occ
must be aware of the danger or had reasonable grounds to believe it exists
S1(3)(b)
Occ must be aware of peoplepeople in the vicinity ofof the
danger
S1(3)(c)
The danger must be one that in all circumstances isis
expected
to have protection against
S1(4)
O must 'take such care as reasonable in all the
circumstances
to see that the
trespasser
is not suffer injury
Platt v Liverpool City Council
O is not expected to protected the
irresponsible
minority
S1(5)
DoC
cancan be
discharged
by taking reasonable steps to warn of the
danger concerned
or discourage persons from incurring the risk
Causation
'but for'
O's negligence would the consequence have occurred?
Remoteness
The
wagon mound
- was the loss / damagrdamage caused reasonably foreseeable?
S1(6)
D has no duty in respect of risks willingly accepted to (
Radcliff v McConnell
)
S1(8)
Property damage
cannot be recovered