OLA 1984

• What act is the focus of this revision video?

  Occupiers Liability Act 1984
• What is the primary purpose of the Occupiers Liability Act 1984?

  To establish duty of care to trespassers
• How does the 1984 Act differ from the 1957 Act?

  It focuses on trespassers, not lawful visitors
• In an exam scenario, what should you consider if a lawful visitor becomes a trespasser?

  Apply both the 1957 and 1984 Acts
• What does the Occupiers Liability Act 1984 impose on occupiers?

  • Duty to non-visitors (trespassers)
  • Duty arises under Section 1(1)(a)
  • Includes those exceeding permission
• What defines an occupier under the 1984 Act?

  Same meaning as in the 1957 Act
• What case provides the occupational test for determining an occupier?

  Wheat v Lacon
• What types of premises does the term 'premises' include?

  Buildings, vehicles, vessels, aircraft
• What type of damage is protected under the 1984 Act?

  Personal injury only
• What does Section 1(3) of the 1984 Act outline?

  Circumstances for duty of care to trespassers
• What are the three circumstances that create a duty of care under Section 1(3)?

  Aware of danger, knows others nearby, risk warrants protection
• What is the duty owed to non-lawful visitors under Section 1(4)?

  To ensure they are not injured
• What case illustrates the duty owed to trespassers involving children?

  Jolley v Sutton
• What was the outcome of the Jolley v Sutton case?

  Council held liable for children's injuries
• What does the Tomlinson v Congleton case address?

  Warning signs near a swimming pond
• How can an occupier discharge their duty under the 1984 Act?

  By giving a warning or discouraging risk
• What principle does the Revel v Newbury case establish?

  Duty owed to trespassers with criminal intent
• What was the incident in Revel v Newbury?

  Claimant shot while trespassing in a shed
• What are the key issues to determine success under the 1984 Act?

  • Identify if the defendant is an occupier
  • Assess if the duty of care applies
  • Evaluate circumstances of the case
• What should students do to prepare for scenarios involving occupiers liability?

  Watch other videos on occupiers liability