Occupiers liability act 1984

Question 1

What is a trespasser?

Answer 1

someone on property without permission

Question 2

Case example for trespasser?

Answer 2

BRB v Herrington

Question 3

What does S1(1) of the OLA 84 define?

Answer 3

duty applies towards people other than the lawful visitor for: “Injury on the premises due to the state of the premises.”
For adult trespassers, it’s the concept of obvious dangers. Occupier will not be liable.

Question 4

What is the compensation for?

Answer 4

injury not damage to property

Question 5

What is defined in S1(3)(a)

Answer 5

Duty owed if aware of danger/ reasonable grounds to know it’s dangerous

Question 6

What is defined in S1(3)(b)

Answer 6

Duty owed if O reasonably believes C is in vicinity

Question 7

What is defined in S1(3)(c)

Answer 7

A duty is owed if the riskis expected to be guarded against

Question 8

What does S1(4) define?

Answer 8

A duty to take reasonable care that trespassers are not injured

Question 9

What does S1(8) define?

Answer 9

There is no liability for damage to property

Question 10

What defence is s1(5)

Answer 10

warning signs

Question 11

What are the two other defences that can be used?

Answer 11

contributory negligence
consent

Question 12

What is a case for contributory negligence?

Answer 12

Revill v Newberry

Question 13

What is a case for warning signs?

Answer 13

Rae v Marrs