Duty to Trespassers under Occupiers' Liability Act

Title: Duty Owed to Trespassers under the Occupiers’ Liability Act 1984

I. Introduction
A. Overview of the Occupiers’ Liability Act 1984
B. Scope of the essay

II. Key Terms
A. Definitions of "occupier," "premises," and "trespasser"
B. Importance of understanding the key terms in the context of the OLA 1984

III. Development of the Duty
A. Concept of common humanity in establishing duty to trespassers
B. Pre💥1984 case law 💥 Herrington v British Rail and its impact on the duty owed to trespassers

IV. The Duty under S1(3) of the OLA 1984
A. Requirements and elements of establishing the duty under S1(3) of the Act
B. Analysis of the level of duty outlined in S1(4) in relation to trespassers

V. Assessment of Fairness
A. Critique of the previous harsh law and the need for reform
B. Importance of protecting children and vulnerable trespassers
C. Discussion on the limited nature of the duty and its implications
D. Limitation of damages for personal injury only and its fairness to both parties
E. Examination of the duty in relation to warnings and possible defences for the occupier

VI. Conclusion
A. Recap of the duty owed to trespassers under the OLA 1984
B. Final thoughts on the fairness of the duty in relation to both the occupier and the trespasser

In conclusion, the Occupiers' Liability Act 1984 establishes a framework for the duty owed by occupiers to trespassers. Understanding the key terms, the evolution of the duty, and the specific provisions of the Act are crucial in assessing the fairness of the duty. By analyzing the law, relevant case law, and considering the interests of both parties, a balanced view of the duty to trespassers under the OLA 1984 can be achieved. This essay highlights the complexities and considerations involved in evaluating the duty owed to trespassers and emphasizes the need for a nuanced approach to balancing the rights and responsibilities of both occupiers and trespassers under the law.