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EnglandLegal StudiesQuick questions
The Law of Tort (Components 2 and 3)
Quick questions on Occupiers liability - Eduqas A-Level Law Component 2
4short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is the common duty of care to visitors (1957 Act)?Show answer
The Occupiers Liability Act 1957 s2(2) imposes the common duty of care: to take such care as is reasonable to see that the visitor is reasonably safe in using the premises for the purposes for which they are invited or permitted to be there. The duty relates to the state of the premises, not necessarily to what the visitor chooses to do. A warning of a danger discharges the duty under s2(4)(a) if, in all the circumstances, it was enough to keep the visitor reasonably safe (Roles v Nathan).
What is the duty to trespassers (1984 Act)?Show answer
The Occupiers Liability Act 1984 was passed after British Railways Board v Herrington recognised a limited "duty of common humanity" to trespassers. Under s1(3) a duty is owed only if: (a) the occupier is aware of the danger or has reasonable grounds to believe it exists; (b) the occupier knows or has reasonable grounds to believe the trespasser is or may come into the vicinity of the danger; and (c) the risk is one against which, in all the circumstances, it is reasonable to offer some protection. If a duty arises, it is to take reasonable care to see that the trespasser is not injured (s1(4)). The Act covers personal injury only (not property), the duty can be discharged by warnings or barriers (s1(5)), and there is no liability for obvious risks that an adult willingly accepts (Tomlinson v Congleton Borough Council, diving into a shallow lake).
What is q1?Show answer
Explain the common duty of care owed to lawful visitors under the Occupiers Liability Act 1957. [10 marks]
What is q2?Show answer
A teenager climbs into a closed and fenced building site at night and is injured by an unguarded trench. Advise on the occupier's liability. [20 marks]
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