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WalesLegal StudiesQuick questions
The Law of Tort
Quick questions on Occupiers' liability: the 1957 and 1984 Acts - WJEC A-Level Law
5short 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 duty to lawful visitors (1957 Act)?Show answer
Under section 2(2) of the Occupiers' Liability Act 1957 the occupier owes 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 purpose for which they are permitted to be there.
What is the duty to trespassers (1984 Act)?Show answer
Under the Occupiers' Liability Act 1984, a duty to a trespasser arises only if the section 1(3) conditions are satisfied: the occupier is aware of the danger (or has reasonable grounds to believe it exists); knows or ought to know a trespasser may come into its vicinity; and the risk is one against which, in all the circumstances, it is reasonable to offer some protection. If so, the duty (section 1(4)) is to take such care as is reasonable to see the trespasser is not injured by the danger. Tomlinson v Congleton Borough Council shows the limits: an adult who dived into a shallow lake despite warnings was owed no duty, because the risk arose from his own action, not the state of the premises.
What is q1?Show answer
Which Act governs the duty owed to a trespasser? [1 mark]
What is q2?Show answer
State the common duty of care under section 2(2) of the 1957 Act. [2 marks]
What is q3?Show answer
Advise whether an occupier is liable to an injured visitor and to an injured trespasser. [20 marks]
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