Common Law

Question 1

Proof of negligence

Answer 1

Must prove

• duty of care to claimant
• harm was reasonably foreseeable (neighbor test)
• duty has been breached, fell below standard
• harm suffered because of breach

Question 2

Defences against Negligence

Answer 2

Denial- didn’t happen
No duty owed
No Breach- claim took all reasonable care
Breach did not lead to damage
Damage not foreseeable 
Consented to injury 
Contributory negligence 
Time related - 3 year

Question 3

OLA 84

Occupier owes duty to trespassers when;

Answer 3

Occupier knows trespassers gaining access
Occupier is aware of danger
Risk needs protection

Question 4

Main duties of occupier under OLA 84

Answer 4

Visitors, children, specialists, trespassers

Ensure premises is safe for visitors
Expect children not to be as careful(allurement)
Expect Specialist to know the risks
Duty to trespassers to reasonably ensure injury not suffered

Question 5

Damages awarded determined in negligence

Answer 5

Degree of disability 
Loss of earnings
Loss of future income
Pain and suffering 
Medical costs
Adaptions to accommodation
Personal care
Contributory negligence