A trespasser is a person who enters land without permission or legal right. A visitor who exceeds the permission given also becomes a trespasser.

How did British Railways Board v Herrington [1972] change the law?

A six-year-old was badly burned on an electrified railway line reached through a broken fence. The House of Lords held that an occupier owes a trespasser a duty of common humanity.

Why was the Occupiers' Liability Act 1984 passed?

The duty of common humanity recognised in Herrington was vague and hard to apply. The Occupiers' Liability Act 1984 put the duty owed to non-visitors on a statutory footing.

What is the duty once the section 1(3) conditions are satisfied?

Section 1(4) requires the occupier to take such care as is reasonable in all the circumstances. The duty is to see that the trespasser is not injured by reason of the danger concerned.

Eduqas A-Level Law A150QS

Parliamentary and European Law Making

Topic overview Green Papers, White Papers and the making of a Bill The legislative process through Parliament The composition and role of Parliament Influences on Parliament and law making Parliamentary sovereignty The UK constitution, separation of powers and the rule of law The royal prerogative Law reform and the Law Commission European Union institutions and sources of law The impact of European Union law and withdrawal

Delegated Legislation

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Statutory Interpretation

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Contract: Misrepresentation and Economic DuressContract

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Contract: RemediesContract

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Tort: Rules and Theory of Tort LawTort

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Tort: NegligenceTort

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Tort: Occupiers' LiabilityTort

Topic overview Occupiers, premises and the meaning of control Lawful visitors under the Occupiers' Liability Act 1957 The common duty of care owed to visitors Child visitors and the principle of allurement Skilled visitors and persons exercising a calling Independent contractors and the occupier's position Warnings, exclusion of liability and defences to a visitor's claim Trespassers and the duty under the Occupiers' Liability Act 1984 The standard owed to trespassers and defences under the 1984 Act

Tort: Torts Connected to LandTort

Topic overview Trespass to land: unlawful entry and intention Defences to trespass to land and the remedies available Public nuisance and the class of persons affected Suing in public nuisance: special damage and the Attorney-General Private nuisance: the parties and the interference Unreasonable user: locality, duration and utility Abnormal sensitivity and the effect of malice Specific defences to nuisance: prescription and statutory authority Rylands v Fletcher: the elements of the rule Specific defences to Rylands v Fletcher

Tort: Vicarious LiabilityTort

Topic overview The nature of vicarious liability The purpose of vicarious liability and the arguments about it Tests for the status of employment: control and integration The economic reality test and the modern multiple test Relationships akin to employment Scope of employment: authorised acts done in an unauthorised way Frolic of his own, detours and journeys Intentional wrongdoing and the close connection test Independent contractors and unusually hazardous activities

Tort: Defences and RemediesTort

Topic overview Volenti non fit injuria: the elements of the defence Volenti, rescuers and employees Volenti in road traffic cases and the defence of illegality Contributory negligence and the Law Reform (Contributory Negligence) Act 1945 Applying contributory negligence: seat belts, children and emergencies Defences and remedies in claims connected to nuisance and Rylands v Fletcher Compensatory damages in tort Assessing personal injury damages and mitigation of loss Injunctions and other remedies in tort

Criminal Law: Rules and TheoryCriminal

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Criminal Law: General Elements of LiabilityCriminal

Topic overview Actus reus: conduct, consequences and states of affairs Voluntary and involuntary conduct Liability for omissions Factual causation Legal causation and intervening acts Intention: direct and oblique Recklessness, negligence and transferred malice Coincidence of actus reus and mens rea Strict liability and the Gammon tests

Criminal Law: Offences Against the PersonCriminal

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Criminal Law: Property OffencesCriminal

Topic overview Theft: appropriation Theft: property Theft: belonging to another Theft: dishonesty Theft: intention permanently to deprive Robbery Burglary with intent under section 9(1)(a)Burglary by theft or grievous bodily harm under section 9(1)(b)Buildings, dwellings and trespass in burglary

Criminal Law: Capacity DefencesCriminal

Topic overview Insanity: the M'Naghten rules Disease of the mind and the internal cause test The special verdict and disposal after insanity Non-insane automatism Self-induced automatism Voluntary intoxication by alcohol Intoxication by drugs and involuntary intoxication Specific and basic intent offences Drunken mistake and criticism of the capacity defences

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Human Rights: Rules and TheoryHuman rights

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Human Rights: Convention ProvisionsHuman rights

Topic overview Article 5 and the right to liberty and security of the person Article 5 exceptions, safeguards and restrictions Article 6 and the right to a fair trial Article 6 and the nature of an absolute right Article 8 and the right to respect for private and family life Article 8 exceptions, restrictions and positive obligations Article 10 and freedom of expression Article 10 exceptions and restrictions Article 11 and freedom of peaceful assembly and association

Human Rights: Restrictions on Convention RightsHuman rights

Topic overview How a qualified right may lawfully be restricted Freedom of assembly and public order law Police powers of stop and search Police powers of arrest and detention Search of premises, terrorism powers and remedies Interception of communications and surveillance Confidentiality, official secrets and contempt of court Obscenity and the control of publication Defamation, trespass and harassment

Human Rights: EnforcementHuman rights

Topic overview The Human Rights Act and the domestic courts Interpretation and Strasbourg case law Declarations of incompatibility Public authorities and claims under the Act Judicial review: the grounds Judicial review: procedure, standing and remedies The European Court of Human Rights The effect and enforcement of Strasbourg judgments

Human Rights: ReformHuman rights

Topic overview Criticisms of the Human Rights Act The case for keeping the Human Rights Act The case for a UK Bill of Rights The case against a UK Bill of Rights The United Kingdom and the Convention system The Equality and Human Rights Commission Protection beyond the Human Rights Act The future of rights protection

The Nature of Law

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Tort: Occupiers' Liability

Trespassers and the duty under the Occupiers' Liability Act 1984

3 things to know
Components 2 and 3

Overview

Who counts as a trespasser, the common humanity duty Herrington created, and the three conditions in section 1(3) that have to be met before any duty is owed at all.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

State the three conditions in section 1(3) of the Occupiers' Liability Act 1984.

Key term

Who is a trespasser?

Numbers

What duty was owed to a trespasser at common law before 1972?

Questions from this subtopic

Each one with the model answer underneath.

1
Who is a trespasser?
Model answer
A trespasser is a person who enters land without permission or legal right. A visitor who exceeds the permission given also becomes a trespasser.
2
What duty was owed to a trespasser at common law before 1972?
Model answer
Addie v Dumbreck [1929] held that an occupier owed a trespasser no duty except not to injure them intentionally or recklessly. A trespasser hurt by the dangerous state of the premises had no claim.
3
How did British Railways Board v Herrington [1972] change the law?
Model answer
A six-year-old was badly burned on an electrified railway line reached through a broken fence. The House of Lords held that an occupier owes a trespasser a duty of common humanity.
4
Why was the Occupiers' Liability Act 1984 passed?
Model answer
The duty of common humanity recognised in Herrington was vague and hard to apply. The Occupiers' Liability Act 1984 put the duty owed to non-visitors on a statutory footing.
5
State the three conditions in section 1(3) of the Occupiers' Liability Act 1984.
Model answer
The occupier must be aware of the danger or have reasonable grounds to believe it exists. The occupier must also know or have reasonable grounds to believe the other person is in the vicinity of the danger. The risk must finally be one against which the occupier may reasonably be expected to offer some protection.
6
What is the duty once the section 1(3) conditions are satisfied?
Model answer
Section 1(4) requires the occupier to take such care as is reasonable in all the circumstances. The duty is to see that the trespasser is not injured by reason of the danger concerned.

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