A Level Law - OLA '84

Occupier owes DoC due to dangerous state of land if

Aware of danger and has reasonable grounds to believe it exists
Knows or has reasonable grounds to know someone is in vicinity of the danger
The danger may be one he is expected to guard against

Donoghue v Folkstone

D not liable as was no reasonable grounds to believe one would be in the vicinity of the danger

Scott v Associated British Ports

D not liable as C would have acted same with even with a barrier C would’ve acted the same way

O should offer protection if

He would take precautions himself
Danger is obvious
Common humanity

Badaccino v West Withering

D not liable after boy injured himself jumping off of a navigational beacon as it was an ‘obvious danger’

Breach of duty

C must prove D breached his duty by not taking reasonable care

Platt v Liverpool CC

D not liable as deemed impossible to guard against an determined minority 

Warnings

Occupier may discharge duty by taking reasonable steps to warn people

Tomlinson v Congleton Borough Council

An example of warnings - signs prohibiting swimming

Defences

Contributory negligence

Consent - Ratcliff v McConnell 

Excluding liability

the question whether D can exclude liability is not covered in the Act

Remedies

Damages but not for loss of property