LAWS41501 Tort Law & Civil Remedies

WORKSHOP : OCCUPIER’S LIABILITY 2

SECTION 1: STUDENT PREPARATION

1. Download/Print the Lecture Handout for Occupier’s Liability and bring a copy with you to the
Workshop
2. Read your Textbook Chapter on Occupier’s Liability:
Bermingham & Brennan: Chapter 9
Horsey & Rackley: Chapter 11
Markesenis: Chapter III 6

SECTION 2: TUTORIAL OVERVIEW

You will be testing your knowledge with some MCT questions.

You will then work in small groups to work through an extended problem scenario using a ‘scaffold’
to help you.

We will then have a group discussion around your findings.

SECTION 3: STUDENT ACTIVITIES

Whole group discussion.

What is the three stage test to establish a duty to non-visitors?

How does the effect of warnings differ per Act?

What happened in the case of Tomlinson?

What is the nature of the duty once established?

ACTIVITY 1
Answer these Multiple Choice Questions
1) Which case lays down the definition of an occupier?
 (a) What v Rakon [1966] AC 522
 (b) Wheat v Bacon [1966] AC 522
 (c) Wheat v Lacon [1966] AC 522
 (d) Fleet v Lacon [1966] AC 522

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2) Where a visitor is a child, an occupier should be aware that they might be less careful than
adults. Which statutory provision covers this notion?
 (a) s.1(3)(a) 1957 Act
 (b) s.3(2)(a) 1957 Act
 (c) s.2(3)(a) 1957 Act
 (d) s.2(3)(b) 1984 Act
3) Under the 1984 Act, the Duty of Care is not automatic and certain criteria must be met
before a duty is owed. These criteria can be found in which of the following sections of the
Act?
 (a) s.3(1)
 (b) s.2(1)
 (c) s.1(3)
 (d) s.1(2)

4) Which case, which has subsequently been overruled, illustrates the minimal duty owed to
trespassers before the enactment of the 1984 Act?

 (a) British Railways Board v. Herrington [1972] AC 877 (HL)

 (b) Revill v. Newbury [1996] QB 567
 (c) Addie v. Dumbreck [1929] AC 358
 (d) Roberts v. Ramsbottom [1980] 1 WLR 823

5) Which of the following cases illustrates the allurement principle?

 (a) Donoghue v Folkestone Properties [2003] EWCA Civ 231

 (b) Roles v Nathan [1963] 1 WLR 1117
 (c) Jolley v. Sutton LBC [2000] 1 WLR 1082 (HL
 (d) British Railways Board v. Herrington [1972] AC 877 (HL)

6) The duty which an occupier owes to trespassers is:

 (a) To take such care as is reasonable in all the circumstances of the case to see that the
other does not suffer injury on the premises by reason of the danger concerned.
 (b) To ensure that there are no hidden dangers on the premises
 (c) To ensure that the visitor is reasonably safe for the purpose invited
 (d) To keep the visitor safe no matter what

7) The use of warnings signs is dealt with in which of the following statutory provisions:

 (a) s.1(4)(a) 1957 Act

 (b) s.2(4)(a) 1957 Act
 (c) s.2(4)(d) 1957 Act
 (d) s.4(2)(a) 1957 Act

8) Responsibility for harm suffered by Trespassers is now covered by the Occupiers’ Liability
Act 1984. The principle is said to have evolved from the ‘Common Duty of Humanity’,
however which case first laid down this principle?

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 (a) Tomlinson v. Congleton Borough Council [2003] 2 WLR 1120

 (b) British Railways Board v. Herrington [1972] AC 877 (HL)
 (c) Glasgow Corporation v. Taylor [1922] 1 AC 44
 (d) Snook v. Mannion [1982] RTR 321

9) Trespassers may be owed a duty by virtue of

a) S4(1) 1984 Act

b) S1(3) 1984 Act
c) S2(2) 1984 Act
d) S3(2)(a) 1984 Act

10) Ariel, after a night of drinking at the SU, decides to go for a swim one night in her
university’s pool. The pool is fenced off, has a locked gate, and warning signs stating ‘No
Unauthorised Entry’. Security guards also patrol the campus at night. Ariel dives into the
shallow end of the pool and suffers sever spinal injuries. The university is likely to be:

a) Held liable as Ariel would have implied permission to be there and was not made safe.
b) Held not liable under the 1984 Act
c) Held liable under the 1957 Act
d) Held liable under the 1984 Act as the warnings were not sufficient to keep Ariel safe

11) Name the case which concerned a claimant who hit his head on the bottom of a lake and
broke his (after diving in) although swimming in the lake was forbidden:

(a) Haseldine v. CA Daw & Sons [1941] 2 KB 343

(b) Gwilliam v. West Herts Hospitals NHS Trust [2003] QB 443
(c) Tomlinson v. Congleton Borough Council [2004] 1 AC 46
(d) Darby v. National Trust [2001] PIQR P372

12) A duty of care may be owed to trespassers and provisions relating to the nature of this duty
are contained in:

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WORKSHOP : OCCUPIER’S LIABILITY 2
(a) The Occupiers' Liability Act 1957
(b) The Occupiers' Liability Act 1984
(c) The Occupier's Liability Act 1975
(d) The Occupiers' Liability and Trespassers Act 1982

ACTIVITY 2
Individually, look at the problem scenario below and make a few notes on issues that you think stand
out:

Max is the Rally Organiser of the Lagoon Caravan Club, a National

organisation that holds Camping & Caravanning holidays at a number of
venues throughout the year. Last weekend, they were holding their annual
‘May Madness’ event at the Stafflands facility – a multi-use secluded venue
set in 100 acres of forest. The Lagoon Caravan Club hire the venue for the
entire extended weekend (from Friday Evening until Monday morning). The
venue is particularly popular as in addition to the camping facilities, it also
contains both a large lake, which had been formed as part of quarrying
operations last century, and various adventure activities for children and
families. While the majority of the Stafflands site is centred around the lake
and the forest trails, there is also a section of the venue which is further away
from the main public areas. Stafflands use this field to store a number of
disused caravans that have been discarded by the owners. The caravans are
placed onto bricks and are predominantly used for scrap or firewood.

To enhance the facilities on site, three diving boards were fixed to the high
rocks surrounding the lake, which is used predominantly for swimming. Last
month, Charlie (Chief Engineer at ‘Repairs R Us Ltd’) was called to inspect one
of the diving boards following concerns about damage to its reinforced resin
core. Charlie applied a quick-drying adhesive to the board and noted that the
fault should be monitored to ensure that it did not reoccur.

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On the Saturday of the event, Bruno left his daughter Nefeli, aged 8yrs, in the
play area while he went for a swim. Nefeli had not been allowed to follow
Bruno up to the diving boards as although the children’s play area was
immediately adjacent to the one corner of the lake, Stafflands displayed a
large notice in a prominent position at the entrance to the swimming area.
The notice stated:

‘Only the brave need enter. Strictly for adventurers. Who dares….swims! No
liability for any loss or damage howsoever caused. No children allowed.’

Ten minutes later, Bruno (a professional high diver), dived from the highest
diving board. Tragically, there seemed to be a problem as he left the board
and his dive was at a different angle to what he had intended. Bruno hit a
submerged rocky ledge, shattering his pelvis and breaking his right leg in
three places (the injuries are likely to end his professional career). Nefeli,
hearing Bruno’s cries of pain and the screams of spectators, rushed into the
swimming area and, in an attempt to reach her father on the rocky ledge,
slipped from the lowest diving board, which was coated in moss (as it was not
often used) and tore her new trousers.

Pat, had been taking photographs of the diving to put in the next prospectus
and marketing literature for the event. Earlier that morning, she had perched
on some stones in the rockery garden next to the pool in order to get the best
angle for the shots. Shocked by the accident involving Bruno, she stepped
back and fell down the rockery fracturing her wrist and breaking her
expensive camera lens.

On the Sunday evening, Shelley (15yrs), her sister Tanya (9yrs) and a
number of children from the local village sneak onto the site and enter one of
the caravans. They have adopted one disused caravan in particular that they
use as their ‘den’ and a place to secretly drink alcohol. That evening, while
the children were sheltering in the caravan during a particularly windy storm,

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Shelley fell through the rotten floorboards just as the caravan was blown off
some of its brick supports. Shelley’s legs were squashed by the sudden
weight. She suffered serious crush injuries to her abdomen and severe
trauma to both legs.

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ACTIVITY 3
In small groups, using the ‘scaffold’ below see if you can break down the issues in the scenario
and complete as much as you can:

Who is the Occupier?

And what are they an Occupier of?

Status of the Persons present?

Person Status 1957 Act 1984 Act Duty towards them

Were any of the People…

Person Child? Skilled professional? Contractor? Trespasser?

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How was any duty towards them discharged?

Person Duty Discharge of duty / Defences

Were any of the Damages actionable?

Person Damage Actionable?

Use this space for additional notes:

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ACTIVITY 4
Fill in the following table with the main differences between the 1957 & and 1984 Acts.

1957 1984
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Type of damage

Premises

Occupier

Visitor or non-visitor

Duty

Extent of the duty

(standard of care)

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Discharging the duty

Limitations and
defences

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ACTIVITY 5
Test your knowledge with Kahoot

SECTION 4: PLANNING FOR NEXT WEEK

Make sure you access Blackboard after Tuesday’s lecture each week so you can prepare for the following week’s lecture
and workshop.

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