OLA 1984

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