Key term
AQA A-Level Law 7162
The Nature of Law
Topic overviewDistributive and Corrective JusticeTheories of Justice: Rawls, Nozick and MarxWhat Law Does in SocietyHow Law and Morality Are EnforcedMoral Diversity in a Pluralist SocietyThe Hart-Devlin DebateProcedural Justice and UtilitarianismThe Rule of Law: Core RequirementsLaw, Rights and the Resolution of DisputesFault and Strict LiabilityWhere Law and Morality OverlapWolfenden and R v BrownAristotle on JusticeJustice through Civil and Criminal LawCriminal and civil law comparedCustom, statute and common law as sourcesEquality, Fairness and Clarity before the Law
The European Union and English Law
Legal Personnel and the Judiciary
Access to Justice and Funding
Parliamentary Law Making
Delegated Legislation
Statutory Interpretation
Judicial Precedent
Law Reform
The Civil Courts and Dispute Resolution
The Criminal Courts and Sentencing
Lay People: Magistrates and Juries
Criminal Law: Rules and Theory
General Elements of Liability
Fatal Offences Against the Person
Non-Fatal Offences Against the Person
Property Offences
Preliminary Offences
Criminal Defences
Tort: Rules and Theory
Negligence
Occupiers' Liability
Nuisance and Rylands v Fletcher
Vicarious Liability
Tort: Defences and Remedies
Contract: Rules and TheoryContract
Formation of a ContractContract
Contract TermsContract
Vitiating FactorsContract
Discharge of a ContractContract
Contract: RemediesContract
Human Rights: Rules and TheoryHuman rights
Topic overviewArticle 2 and Article 5: Life and LibertyArticle 11 and the Conditions for RestrictionRights, Liberties and Correlative DutiesThe Scope of Fundamental Human RightsArticle 2 Exceptions and the Article 5 GuaranteeInterfering with Article 8 RightsArticle 10: Freedom of Expression and Its LimitsThe Human Rights Act and Categories of Rights
Human Rights in International and UK LawHuman rights
The European Convention ArticlesHuman rights
Topic overviewFreedom of Association and Its LimitsArticle 2: Justified Deprivation of LifeArticle 5: Lawful Arrest and DetentionArticle 8: Private and Family LifeArticle 11: What It ProtectsArticle 2: Negative and Positive ObligationsThe Article 2.2 Exceptions in DetailArticle 5.1: Liberty and Security of PersonDetention under Article 5.1(a) to (c)Article 5.2 to 5.5: Information and ReviewArticle 10.1: Freedom of ExpressionWhich Paragraphs Permit RestrictionThe Grounds for Lawful DetentionEnforcing Rights in Strasbourg and by Judicial Review
Restrictions and EnforcementHuman rights
Topic overviewThe Common Requirements for RestrictionsLegitimate Aims and ProportionalityBringing a Claim to the Strasbourg CourtArticle 46, Judicial Review and Section 7 ClaimsPrescribed by Law and Necessary in a DemocracyLegitimate Aims for Restricting Articles 10 and 11Enforcement in Strasbourg and at HomeThe Two General Conditions for RestrictionLegitimate Aims across Articles 8, 10 and 11Who May Claim and How Rights Are EnforcedSupervising Judgments and Judicial Review Remedies
Reform of Human Rights LawHuman rights
Occupiers' Liability
The Duty to Trespassers under the 1984 Act
- 4 things to know
- Paper 2
Overview
Recall questions on the 1984 Act, the three conditions for a duty to trespassers and what that duty requires, how it is discharged, why the standard is lower than under the 1957 Act, and the defences and exclusion rules.
What you need to know
Answer each one before you reveal it.
Your recallNot started
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
What must an occupier know about a trespasser, and how may the duty be discharged?
Questions from this subtopic
Each one with the model answer underneath.
- 1
Which statute governs the duty owed by occupiers to trespassers and other non-visitors?
Model answer
The Occupiers' Liability Act 1984.
- 2
How is a 'trespasser' defined in occupiers' liability?
Model answer
A trespasser is someone who enters premises without permission or legal right.
- 3
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?
Model answer
The occupier must be aware of the danger or have reasonable grounds to believe it exists.
- 4
Under section 1(3) of the 1984 Act, what must the occupier know or believe regarding the trespasser's location for a duty to arise?
Model answer
The occupier must know or have reasonable grounds to believe that the trespasser is in the vicinity of the danger.
- 5
What is the third condition under section 1(3) of the 1984 Act for a duty to be owed to a trespasser?
Model answer
The risk must be one against which the occupier may reasonably be expected to offer some protection.
- 6
What is the nature of the duty owed to trespassers under section 1(4) of the 1984 Act?
Model answer
The duty is to take such care as is reasonable in all the circumstances to see that the trespasser does not suffer injury by reason of the danger.
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