assement of OLA 1984 Flashcards
(19 cards)
Who may be a defendant under Occupiers Liability?
Someone who is in control of premises. [AO1]
Why is the test for occupier fair?
It includes not just owners and tenants, but others like a building company creating a dangerous situation. [AO3]
What was decided in Wheat v Lacon?
Both the pub manager and the brewery were liable as they both controlled the pub – a fair decision. [AO3]
How does the 1957 Act define ‘premises’?
‘Any fixed & moveable structure, including aircraft, vessels & vehicles’. [AO1]
Why is the statutory definition of ‘premises’ considered limited?
It restricts potential liability to certain structures. [AO3]
How have judges expanded the meaning of ‘premises’?
To include land, lifts, scaffolding – fair as it protects more people in more situations. [AO3]
What must the occupier know about trespassers?
Must/should know there are trespassers in the area. [AO1]
Why is knowledge of trespassers a fair factor?
It encourages extra steps to keep premises safe. [AO3]
What is the nature of the test regarding trespasser knowledge?
It is both subjective and objective – allows wide consideration for liability. [AO3]
What must the occupier know about the danger?
Must/should know of the danger on the premises. [AO1]
Why is knowledge of danger fair?
Occupier shouldn’t be liable for unknown dangers. [AO3]
How is the danger test applied?
Also subjective and objective – wide factors considered. [AO3]
What must the danger be for a duty to arise?
Something from which a trespasser should be protected. [AO1]
Why is protecting from danger fair?
Liable for serious danger but not for harmless risks – balance in responsibility. [AO3]
Which case supports the fairness of these duty factors?
Donoghue v Folkestone Properties – midnight pier jump, no liability, no automatic duty to trespassers. [AO1+3]
What is the duty of care under OLA?
‘To take reasonable care in all the circumstances to keep the trespasser from harm’. [AO1]
What was held in Tomlinson v Congleton BC?
No breach – signs were enough, fair as T shouldn’t have been in the lake. [AO3]
How does duty differ for lawful visitors under OLA 1957?
Higher standard of care applies. [AO3]
Why is ‘all the circumstances’ a fair test?
Reflects that trespassers shouldn’t be present – allows ‘reasonable care’. [AO3]
