Act 1984

Question 1

Intro to ACT 1984

Answer 1

A trespasser is a person who has no permission or authority to be on the occupier’s premises or a visitor who has gone beyond their permission on the premises.

Question 2

Areas under 1984 Act

Answer 2

Adult and child trespasser are treated the same.

Question 3

Scope of the duty
S.1(1)(a)

Answer 3

Under s.1(1)(a) Occupiers’ Liability Act 1984, the occupier owes a duty to people who are not lawful visitor for personal injury only.

Question 4

S.1(3)(a)

Answer 4

Occupier is aware of the danger or has reasonable grounds to believe it exist.

Question 5

S.1(3)(b)

Answer 5

Occupier knows or has reasonable grounds to believe that there are trespasser in the vicinity.
(SWAIN V NATUI RAM PURI)

Question 6

S.1(3)(c)

Answer 6

The danger is one against which the occupier can be reasonably expected to provide some protection.

Question 7

1984 Act AO3

Answer 7

P - Provided trespassers have the right to claim compensation when injured.
DP - This doesn’t support public opinion as trespassers were given the same protection as lawful visitor.
WDP - This conflicts with the rule of law as differing judges outcome can make the law inconsistent.

Question 8

Adult Trespasser
S.1(4)

Answer 8

the duty is to take such care as is reasonable in the circumstances to see that the trespasser is not injured by the danger. Objective test

Question 9

Factors to consider when deciding liability

Answer 9

1) Obvious Danger
2) Time of day or year
3) Warning signs
4) Presence of a trespasser
5) Danger known

Question 10

Ratcliff v McConell

Answer 10

Student jumped into open air swimming pool at night and suffered serious injuries.
Held: COA decided student is not entitled to damages as there is a obvious danger.

Question 11

Ratcliff V McConell AO3

Answer 11

P - Go against aim of tort law as the aim is to compensate a injured person for the action of another.
DP - Imbalance between interest of occupier and the trespasser.
WDP - However many would agree a trespasser must accept full responsibility for their action. This uphold public policy.

Question 12

Child trespasser

Answer 12

Same rules apply as adult trespasser

Question 13

Keown V Conventry Healthcare NHS Trust

Answer 13

11 year old boy climbed up fire escape and fell.
Held: Hospital was not liable. boy was aware of the danger and there was no issue with the state of the premises.