Occupiers’ Liability (AQA A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Occupiers' Liability Act 1984 coverage
Occupiers' Liability Act 1984 coverage
Duty to non-lawful visitors (trespassers)
Section 1(8) OLA 1984 protected damage types
Section 1(8) OLA 1984 protected damage types
Death and personal injury only (not property damage)
Section 1(3) three-part test requirement
Section 1(3) three-part test requirement
All three conditions must be met for duty to arise
Premises vs activity distinction rule
Premises vs activity distinction rule
Premises must be dangerous, not claimant's chosen activity
Section 1(5) OLA 1984 function
Section 1(5) OLA 1984 function
Duty discharged by warnings or discouraging risk-taking
Volenti non fit injuria under Section 1(6)
Volenti non fit injuria under Section 1(6)
Complete defence if risk willingly accepted by trespasser
Contributory negligence effect in OLA 1984
Contributory negligence effect in OLA 1984
Proportionate reduction in damages (1-100%)
Standard of care for breach under Section 1(4)
Standard of care for breach under Section 1(4)
Objective - judged against reasonable occupier
Tomlinson v Congleton (2003) principle
Tomlinson v Congleton (2003) principle
Lake not dangerous; danger from claimant's diving activity
Revill v Newbery (1996) principle
Revill v Newbery (1996) principle
Criminal activity doesn't bar claim, damages reduced