Occupiers Liability 1984

Question 1

Act

Answer 1

Occupiers liability act 1984

Question 2

Occupier

Answer 2

An occupier is someone who has occupational control over the premises, meaning legal or physical control. (Wheat v Lacon)

Question 3

Premises

Answer 3

Is defined as any fixed or moveable structure under s.1(3)(a)

Question 4

Trespasser

Answer 4

A trespasser is someone who enters onto a property without an invitation:
-either their presence is unknown to the occupier -is objected to by the occupier (Addie v Dumbreck)
-if you go beyond permission of the occupier, you become a trespasser, (The Calgarth).

Question 5

Breach of duty

Answer 5

The duty owed to a trespasser is to take such care as is reasonable in all the circumstances

Question 6

Duty of care

Answer 6

-the occupier must be aware of the danger or have reasonable grounds to believe it exists
-they know a trespasser is in the vicinity of the danger (Young v Kent)
-the risk is one against which he may reasonably be expected to offer some protection (Keown)

Question 7

Warning signs

Answer 7

If the D put up warning signs, it can reduce their liability towards the trespasser