OLA 1984

Question 1

Duty of Care

Answer 1

-Limited Conditional duty to non-visitors
-Occupier and Premises (same as ‘57)
-Duty is… O must take such care as is reasonable in all the circumstances of the case to see that the non-visitor doe not suffer injury on the premises by reason of the danger
-CASE: ‘Herrington’ led to the introduction of common humanity on occupiers

S1(3): Duty will arise if C can show all below:
(a) O is aware of the danger or has reasonable grounds to believe it exists
(b) O knows or has reasonable grounds to believe that the other is in the vicinity of the danger or that the other may come into the danger
(c) he may reasonably be expected to offer some protection

Consider…
-Allurement where child trespasser may mean they become a visitor under ‘57
-Where risk is obvious he may not be expected to offer any protection
-O will not owe duties in respect of danger arises from the activity rather than premises (kolasa)

Question 2

Breach- starting point

Answer 2

Consider in all the circumstances of the case to see that the non-visitor does not suffer injury on the premises

Factors to look at:
-seriousness
-aware?
-history
-precautions
-public benefit

Question 3

Breach- warnings S1(5)

Answer 3

-Any duty may be discharged if O gives warning f the danger concerned or took steps to discourage persons from risk… likely no breach for failure to warn against obvious risk (ratcliff)

Question 4

Breach- consent S1(6)

Answer 4

Duty may be discharged where risks willingly accepted by C

Question 5

Breach- children

Answer 5

-JOLLEY= expect unexpected
- very younge chiildren are responsibilitu of pattient