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occupiers liability act 1984
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Cards (17)
Steps for occupiers liability
1.
Occupier
2.
Premises
3.
Trespasser
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Harris
v
Birkenheat Corporation
Occupier
has
effective control
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Wheat
v
E Lacon
There can be
more
than one
occupier
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Bailey
v
Armed
Occupier
may not always be
liable
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S.1(3) of OLA 1957
Premises
refers to 'any fixed or
moveable
structure
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Revill
v
Newbury
Premises
must be
dangerous
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S.1(1)(a) of OLA
1984
1984
act applies to everyone who is unprotected under
1957
act
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S.1(3)(a) of OLA 1984
Occupier has a
duty
if they are
aware of the danger
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S.1(3)(b) of OLA 1984
Must be
reasonable
to suspect that people may come near the
danger
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S.1(3)(c) of OLA 1984
Must be expected that
protection
would be in place
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S.1(4) of OLA 1984
Occupier must take
'such care
as is
reasonable
in the circumstances
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Ratcliffe
v McConnel
Occupier isn't liable for
obvious
dangers
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Donoghue
v
Folkstone Properties
Time of incident
can mean occupier isn't
liable
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Tomlinson
v
Congleton Borough Council
Occupier does not have to
spend lots of money
in making
premises safe from obvious dangers
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Higgs
v
Foster
Occupier isn't liable
when
trespasser isn't expected
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Rhind
v
Astbury Water Park
Occupier must know of
danger
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Keown
v
Coventry Healthcare NHS Trust
Child trespassers
are treated the
same
as adults
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