Occupier's Liability Act 1984

  • Created by: erw16
  • Created on: 15-12-18 18:12

The Occupier's Liabilty Act 1984 applies to non-visitors or trespassers, unlike the 1957 Act. 

A trespasser is someone who enters land or premises without permission. A person who enters the land as a vistor, can then becone a trespasser, if they go in an area on the land in where they do not have permission to go, as in Tomlinson v Congleton Borough Council.

Under S.1(3) of the1984 Act, a duty will be owed by a occupier to a trespasser if the conditions in this section are met. 

"An occupier of premises owes a duty to another... if (a) he is aware of the danger or has reasonable grounds to believe that it exists as in Ratcliff v McConnell and Another(b) he knows or has reasonable grounds to believe that the other is in vicinity of the danger concerned or


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