OLA 1984 - INTRO Flashcards
(6 cards)
1
Q
Premises under 84
A
Same as under 57, see s.1(2) OLA 84
2
Q
Occupier under 84
A
Same as 57, see s.1(2) OLA 84
3
Q
A person exceeding their invitation
A
The Calgarth
‘When you invite a person into your home to use the stairs, you do not invite him to slide down the bannister’ - Scrutton LJ
4
Q
Reasonable Humanity
A
Herrington v BRB
Occupiers should act with reasonable humanity to trespassers, this was the basis for the act.
5
Q
Limits on duty of care - Claimants own act
A
Tomlinson v Congleton
Damage rose from claimants dangerous act and not the dangerous state of premises - lord Hoffman
6
Q
Occupancy v Activity duty
A
s.1(1) - Act is only relevant where the injury is attributable to a danger due to the state of premises.
Reevill v Newbury
No OLA claim if it is a activity
