Defences

• What defences can be used for occupiers liability?

  Contributory Negligence

  Consent

  Warning Notices

  Exclusion clauses
• What is contributory negligence?

  The courts will deduct a percentage off the damages that the defendant needs to pay

  This is only a partial defence
• What is the defence of Consent?

  A full defence where a claimant voluntarily assumes the risk of harm
• What is the defence of Warning notices?

  A full defence where a danger has been warned by the occupier
• What does Rae v Marrs say?

  A close analysis of the facts of the case must be taken, if the premises are extremely dangerous, the occupier may be required to do more
• What does Staples v West Dorset say?

  Where the danger is obvious and the visitor is able to clearly understand this, no additional warning is needed
• What does Westwood v post office say?

  Is a warning sign sufficient for a child trespasser
• What is an exclusion clause?

  Where the occupier excludes or limits their duty of care and liability for any injury or loss that occurs on their premises
• what does section 2(1) of the occupiers liability act say?

  An occupier can exclude or limit their duty of care owed to a visitor/trespasser
• What is not allowed as an exclusion clause?

  An occupier is not able to have a clause which excludes or restricts liability for death or personal injury