According to s1(1) who does the 1984 Act deal with?
non -visitors, i.e. trespassers.
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What is a trespasser?
Someone who has no right to be on the premises, or who has originally had permission but become a trespasser by exceeding that permission.
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Which section of the 1984 Act deals with the three situations in which a duty of care is owed to a trespasser?
S1(3) - specifically 1(3)(a); 1(3)(b) and 1(3)(c)
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For s 1(3)(a) what must the D know in order for a duty of care to be established?
The D must know that there is a danger on the premises. The danger must arise from the negligent state of the premises, not the foolhardy behaviour of the claimant.
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For s 1(3)(b) what must the D know in order for a duty of care to be present?
The D must know that there are, or that it's likely there's a risk of, trespassers in the vicinity of the danger.
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For s 1(3)(c) what must it be reasonable to expect?
It must be reasonable to expect the D to offer the other some protection from the danger.
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What does the court take into account to see if s 1(3)(c) can be established?
They consider the nature and degree of the risk, the likelihood of injury, the age of the claimant, the practical cost of taking precautions against injury.
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What is the leading case demonstrating the duty of care for OLA 1984?
Tomlinson v Congleton.
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Under s 1(4) what is the scope of the duty?
A duty will be established if all the requirements of s 1(3) are satisfied AND if the D is found to have breached their duty.
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What will count as an effective warning sign under s 1(5)?
A warning sign will be effective if it is enough to keep the D from injuring themselves. It must be enough to protect an adult from injury.
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Which case in 1972 established there should be a common duty of humanity?
BRB v Herrington.
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Will a warning sign be sufficient for children?
Not necessarily. Depends on age. Sometimes a barrier will also be needed to keep them from injury.
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Which case shows that a warning sign should be enough for an adult?
Westwood v The Post Office
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If a warning sign is effective, what happens to the D's liability?
The D is no longer liable, they have discharged their duty.
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Which section deals with volenti?
s1(6)
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Which case shows that where the C is aware of the risk, but goes ahead anyway there is no liability?
Ratcliff v McConnell
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Can contributory negligence be raised for OLA 1984?
Yes
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Can exclusion notices be used?
The Act doesn't refer to exclusion notices, so it is assumed they cannot be used. This makes sense as there is no liability for damage to property under the OLA 1984.
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If the C is successful in a claim in OLA under the 1984 act, what damages can they recover?
Only for personal injury/ death NOT for personal property. General and special damages as with negligence.
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Other cards in this set
Card 2
Front
What is a trespasser?
Back
Someone who has no right to be on the premises, or who has originally had permission but become a trespasser by exceeding that permission.
Card 3
Front
Which section of the 1984 Act deals with the three situations in which a duty of care is owed to a trespasser?
Back
Card 4
Front
For s 1(3)(a) what must the D know in order for a duty of care to be established?
Back
Card 5
Front
For s 1(3)(b) what must the D know in order for a duty of care to be present?
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