9 Occupiers’ Liability Act 1984 – liability in respect of trespassers. Define a trespasser. Explain the nature of the duty owed to a trespasser and when that duty is breached. Using the case law, consider the treatment of children in terms of whether they are trespassers at all, whether they are owed a duty under the OLA 1984 and when an occupier might have breached that duty. Note that the duty set out in OLA 1984 is not automatic; the claimant must establish that a duty is owed before the question of breach can be discussed. (AS requires a focus on s 1(1)–(3) OLA 1984 but excludes defences) 10 Private nuisance: parties to an action for negligence factors governing an unlawful interference. Identify the rules governing claimants and defendants. Examine the factors governing an unlawful interference. The standard in nuisance is variable – what is lawful in one circumstance may be unlawful in another. Look at some past exam questions and identify from the facts of the scenarios, how and why nuisance might be present. 11 Private nuisance: defences to an action for nuisance remedies of damages and injunctions theory of tort law – factors governing the grant of an injunction. Identify and illustrate the defences to an action in nuisance. Examine when the remedies of damages and an injunction may be available. Think of examples, perhaps drawn from local media, of everyday activities which may amount to a nuisance. Link with material on the legal system’s role in balancing conflicting interests. 12 The rule in Rylands v Fletcher: Identify the elements required to establish liability under the ‘rule’. Consider the extent to which this has any practical application today.
elements required to establish liability defences and remedies available. Explain the defences and remedies. Watch this . Is the ‘rule’ likely to be relevant to issues such as ‘fracking’ or the storage of nuclear from power stations? 13 Vicarious liability: an employer’s liability for the actions of an employee during the course of employment other areas of vicarious liability theory of tort law – nature and purpose of vicarious liability. Identify the tests as to when a worker is an employee. Explain when an employee is acting in the course of employment. Identify other relationships where vicarious liability may exist. Analyse the policy reasons for imposing a strict liability on an employer. Look at this and see how you can apply it to vicarious liability. Look at this of Cox v MoJ 2016. Draw up a table of relationships which are similar to employment relationships and which might attract vicarious liability (eg liability of a prison for negligence by a prisoner during a work activity). It is unlikely that an examiner can expect too much detail on the tests as to who is an employee, as this is a tort law paper and not an employment law paper. The importance of this judgement is that it provides a basis for identifying the circumstances in which vicarious liability may be imposed outside relationships of employment. Suggested activity: Duty, breach and damage re-cap Consolidate student understanding with the following questions: what is the neighbour principle? in case was it established and by whom?