1. If a person comes into a premise unauthorized, would the occupiers be liable towards the
trespasser?
Give a background on how and why the OLA 1984 came about. OLA deals with people
who are not visitors.
Cases to assist in the above: Addle v Dumbrek; British Railway Board v Herrington
Who are trespassers?
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Invitees who exceeds their permission
Persons on land exercising a public right of way; McGeown v Northern
Ireland
Do occuplers owe a duty to trespassers?
Person on land exercising a private right of way; Holden v White
2. The duty of Care under OLA 1984
Cases: Revill v Newberry, Tomlinson V Congleton Borough Council; Keown v Coventry
Healthcare NHS Trust
5.1(2)(a) & (b) OLA 1984; Occupler; visitor
5.1[3) are the 3 criteria for a duty of care awed to the trespasser:
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4. Defenses
S.113)|al-The occupler must be aware of the danger or have reasonable
grounds to believe it exists, Rhind v Astbury Water Park Ltd
5.1/3)(b)-The occupler must expect the trespasser to come into the
vicinity'; Ratcliffe v McConnell
3. The duty of care towards children
6. Remedies
5.1(3)(c)-The risk is one against which in all circumstances it is
reasonable to offer the other person some protection.
Do occuplers have a higher duty of care to children?
Do they have to prevent allurement?
Warnings: 5.1(5) OLA 1984; Westwood v Post Office
Assumption of Risk; 5.1(0); Sylvester v Chapman; Titchener v British Railways Board
No exclusion clauses, why?
5.1(8) OLA 1984; For death and personal Injuries only
Occuplers have no duty of care in relation to damage to the property of non-visitors.
Fig: 1