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Occupiers' Liability

  • 2 subtopics
  • 8 things to know
  • Paper 2

What Occupiers' Liability covers

The duty owed to lawful visitors under the 1957 Act and the narrower duty owed to trespassers under the 1984 Act.

Where it is assessed

Paper 2

Tort, 75 marks.

Check the AQA specification ↗

The 2 subtopics

Each one has its own page.

What you need to know

Answer each one before you reveal it.

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Key term

What does 'premises' encompass under occupiers' liability law?

Key term

Does the duty under the 1957 Act require the occupier to make the premises safe?

Key term

According to section 2(3)(b) of the 1957 Act, what may an occupier expect of a person entering in the exercise of their calling?

Key term

Under section 1(3) of the 1984 Act, what is the first condition that must be satisfied for a duty to arise towards a trespasser?

Numbers

Does the duty under the 1984 Act extend to damage to the trespasser's property?

Numbers

Can contributory negligence reduce damages in occupiers' liability claims?

Process

Which Act governs lawful visitors, who counts as a visitor, and what is owed to children?

Process

What must an occupier know about a trespasser, and how may the duty be discharged?

Take Occupiers' Liability further

The same content, four other ways.

Commonly confused

Pairs that lose marks when they are blurred together.

  • Occupiers' Liability Act 1957 vs Occupiers' Liability Act 1984

    Occupiers' Liability Act 1957: the Act governing the duty owed to lawful visitors. Occupiers' Liability Act 1984: the Act governing the duty owed to trespassers.

  • Lawful visitor vs Trespasser

    Lawful visitor: a person with express or implied permission to be on the premises. Trespasser: a person on the premises without permission or exceeding it.

  • Occupier vs Premises

    Occupier: the person with sufficient control over a place to be responsible for its safety. Premises: the land, building or structure over which that control is exercised.

Questions from this topic

Each one with the model answer underneath.

  1. 1

    How is an 'occupier' defined for the purposes of occupiers' liability?

    Model answer

    An occupier is a person who has a sufficient degree of control over premises to be under a duty of care to those who enter.

  2. 2

    What does 'premises' encompass under occupiers' liability law?

    Model answer

    Premises includes land, buildings, and fixed and moveable structures such as ladders, scaffolding, and vehicles.

  3. 3

    Can more than one person be an occupier of the same premises simultaneously?

    Model answer

    Yes, there can be multiple occupiers of the same premises at the same time if each party has sufficient control over the premises.

  4. 4

    Which statute governs the duty owed by occupiers to lawful visitors?

    Model answer

    The Occupiers' Liability Act 1957.

  5. 5

    Who qualifies as a 'visitor' under the Occupiers' Liability Act 1957?

    Model answer

    A visitor is someone who has express or implied permission to enter the premises.

  6. 6

    Name three categories of persons who count as visitors under the 1957 Act.

    Model answer

    Those entering under a contract, those with a legal right of entry, and invitees or licensees.

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Occupiers' Liability revision questions

What does Occupiers' Liability cover in AQA A-Level Law?
2 subtopics: occupiers, premises and lawful visitors and the duty to trespassers under the 1984 act. Each one has its own page with questions and model answers.
How is Occupiers' Liability organised?
By the AQA 7162 specification, subtopic by subtopic, so it matches the order you are taught it in.

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