9 Occupiers’ Liability Act 1984 liability Define a trespasser. Using the case law, consider the – in respect of trespassers. treatment of children in terms of Explain the nature of the duty owed whether they are trespassers at all, to a trespasser and when that duty whether they are owed a duty under is breached. 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: Identify the rules governing The standard in nuisance is variable claimants and defendants. what is lawful in one circumstance – parties to an action for may be unlawful in another. negligence Examine the factors governing an unlawful interference. Look at some past exam questions factors governing an unlawful and identify from the facts of the interference. scenarios, how and why nuisance might be present. 11 Private nuisance: Identify and illustrate the defences Think of examples, perhaps drawn to an action in nuisance. from local media, of everyday defences to an action for activities which may amount to a nuisance Examine when the remedies of nuisance. damages and an injunction may be remedies of damages and available. Link with material on the legal injunctions system’s role in balancing conflicting theory of tort law factors – interests. governing the grant of an injunction. 12 The rule in Rylands v Fletcher: Identify the elements required to Consider the extent to which this has establish liability under the any practical application today. ‘rule’.
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.
AQA-7161-7162-SOW-TORT.DOCX