Unit 4b Prt 6: Occupiers Liability 1984

Question 1

Defendant

Answer 1

An occupier which is determined by the sufficient control test outlined in wheat v lacon

Question 2

Premises

Answer 2

S1(3)(a) of the 1957 - describes a premises as any fixed or moveable structure - even a ladder can be a premises (wheeler v copas)

Question 3

Danger due the state of the premises

Answer 3

S1(1) in order for the claimant to claim the damage must have been caused by the state of the premises (keown v coventry healthcare NHS)

Question 4

Claimant

Answer 4

Must be unlawful visitor which is one which does not have expressed or implied permission

Question 5

Requirements for a duty to arise

Answer 5

S1(3)(a) - the occupier is aware of the danger in the premises (Rhind v Astbury water park)
S1(3)(b) - the occupier knows or has grounds to believe the other is in the vicinity of the danger (Higgs v Foster)
S1(3)(c) - the risk is one the occupier may be expected to offer some protection for (Platt v Liverpool CC)

Question 6

Breach of duty

Answer 6

S1(4) there are several factors the courts will take into account when determining a breach;

1. How young is the trespasser?
2. How easy would it be to limit the risk?
3. Reasonable to expect common sense from trespassers

Question 7

Warnings

Answer 7

S1(5) may exclude liability and discharge if the warnings are apparent (roles v nathan)

Question 8

Consent

Answer 8

S1(6) if the claimant willingly accepts the risk then no duty is owed by the occupier (Ratcliffe v McConnell)

Question 9

Damage

Answer 9

S1(8) cannot claim for property damage, can only claim for personal injury or death