OLA 1984 Flashcards
(19 cards)
What is the principle established in Bird v Holbrook (1825)?
The occupier can’t set traps for trespassers
This case emphasizes the duty of care owed by occupiers to individuals who may trespass on their property.
What was the ruling in Addie v Dumbreck (1929)?
No duty to keep trespassers safe (including children)
This case established that occupiers do not have a duty of care towards trespassers.
What does BRB v Herrington (1972) state about occupiers’ duties?
The occupier owes everyone (including trespassers) a ‘common duty of humanity’
This case highlights the responsibility of occupiers to act if they know a trespasser is in danger.
What incident led to BRB being held liable in BRB v Herrington?
A child got hit by a train when playing by the track after climbing through a hole in the fence
BRB was aware of the danger and the cost to fix the hole was minimal.
Who can claim under the Occupiers’ Liability Act?
Potentially anyone; there is no need to be a ‘visitor’
Visitors can become trespassers by exceeding the purposes for which they were invited.
What does the term ‘ab initio’ mean?
From the beginning
This term is often used in legal contexts to indicate the starting point of a situation or claim.
What is the duty of an occupier according to S.1(3) of the Occupiers’ Liability Act 1984?
To take such care as is reasonable to see that the trespasser does not suffer injury from a danger due to the state of the premises
This duty applies if the occupier knows or has reasonable grounds to believe a danger exists.
What are the three key criteria for the occupier’s duty regarding trespassers?
- The occupier knows of the danger or has reasonable grounds to believe it exists
- The occupier knows or has reasonable grounds to believe the trespasser will come into the vicinity of the danger
- It is a danger against which the occupier may reasonably be expected to provide some protection
These criteria determine the extent of the duty owed to trespassers.
In White v St Albans CC, what was the basis of Mr. White’s claim?
Breach of duty under section 1 of the Occupiers’ Liability Act 1984 due to personal injuries sustained
The claim involved actions against the Council of the City and District of St. Albans.
What happened in Rhind v Astbury Water Park?
The claimant dived into a shallow pool and suffered injuries after hitting a fiberglass container
This incident occurred despite the presence of warning signs.
What was the outcome of Higgs v Foster?
The appellant’s claim was dismissed after he fell into an uncovered inspection pit and suffered injuries
The court ruled that the occupier did not owe a duty of care in this case.
What must warnings do according to s.2(4)(a) of the Act?
Warnings must enable the visitor to be reasonably safe
This includes being seen and understood by visitors.
What was the ruling in Westwood v Post Office regarding warnings?
The post office was not liable as the warning sign was sufficient to keep the defendant reasonably safe
The door should have been locked, but the warning was deemed adequate.
What did the court decide in Staples v West Dorset District Council (1995)?
There was no duty to warn the claimant as the dangers of slipping on wet algae were obvious
The claimant was aware of the risks associated with the slippery surface.
What is an exclusion clause?
A term in a contract that seeks to reduce or remove liability for something
Exclusion clauses are specifically addressed in the OLA 1957.
What restrictions apply to exclusion clauses under OLA 1957 s.2(1)?
- They can only apply to people given specific permission to enter
- They must be seen and understood by the visitor
- They are less effective against children
- They cannot exclude liability for personal injuries
UCTA may also impact the effectiveness of exclusion clauses.
What defenses are available under OLA 1957?
Contributory negligence and volenti non fit injuria (consent)
These defenses require the claimant to understand and accept the risks involved.
In White v Blackmore (1972), what was the basis for the defendants’ reliance on exclusion?
A notice at the gate excluding liability for any damage or injury caused
This case involved a spectator injured during a race.
