LAW P2 TORT (OLA 84)

Question 1

Wht is the definition of an occupier?

Answer 1

An occupier can be defined as anyone who is in control of the land

Question 2

What is the case for occupier?

Answer 2

Wheat v lacon, an occupier can be seen as anyone who holds occupational control over the land

Question 3

Who does OLA 84 impose a duty on?

Answer 3

OLA 84 imposes a duty on occupiers in relation to persons other than his visitors, including trespassers and those who exceed their permission

Question 4

What are the factors that need to be present for an occupier to owe a duty?

Answer 4

OLA 84 states that an occupier owes a duty to another (other than his visitors) if he:

• is aware of the danger or has reasonable grounds to believe it exists
• Knows or has reasonable grounds to believe he is in the vicinity of danger or will come into the vicinity of danger
• the risk is one in which he is expected to offer protection

Question 5

What are the cases of establishing whether occupier owes a duty?

Answer 5

• Donoughue v Folkestone properties, the test of whether there is a duty must be determined at the time of the alleged breach
• Ratcliff v McConnell, the occupier’s duty to trespassers is limited

Question 6

What is the protected damages under OLA 84?

Answer 6

Since the OLA 84 act applies to trespassers a lower level of protection is offered.

Death and personal injury are the only forms of protected damage.

Question 7

What does s.1(4) state that the duty is?

Answer 7

S.1(4) states that the duty is to take such care as is reasonable in all circumstances of the case to see that the visitor does not suffer injury on the premises

Question 8

What are the cases for the duty?

Answer 8

• Revill v Newbury, occupiers owe a limited duty of care to trespassers, but this duty can be breached if the occupiers actions are reckless or unsafe
• Darby v National trust, the occupier is not liable for injuries caused by obvious natural dangers on the land if the risk is obvious

Question 9

What does S.1(5) state how an occupier can discharge duty?

Answer 9

S.1(5) States that it is possible for an occupier to discharge their duty by giving a warning of potential danger or discouraging the visitor from taking risksW

Question 10

What are the cases for the discharge of duty?

Answer 10

• Tomlinson v congleton borough council, there was no need to warn the claimant from committing his actions as the risk was obvious
• Staples v West Dorset District Council, an occupier can discharge their duty by providing clear and sufficient warnings of potential dangers on their premises