Occupiers' Liability
Practice Questions, Exam Problems & Full Model Answers
Tort Law · OLA 1957 & OLA 1984 · UK Law
LLB / GDL Level · Based on Lecture 15 Notes
Contents
Section A Short-Answer Knowledge Questions (Q1–Q10)
Section B Problem / Scenario Questions (Q11–Q14)
Section C Full Exam Essay Questions (Q15–Q16)
Section D Model Answer Guidance (Q11–Q16)
Section E Full Model Answers — All Questions (Q1–Q16)
These questions cover all key aspects of Occupiers' Liability under the OLA 1957 and OLA 1984.
Attempt each question before consulting the model answers in Section E.
, SECTION A — Short-Answer Knowledge Questions
Answer each question concisely. Cite relevant statutory provisions and cases where applicable.
Question 1
What is the legal test for determining whether someone is an 'occupier' under the Occupiers'
Liability Acts? Name the leading case that established this test.
[4 marks]
Question 2
Distinguish between an 'invitee', a 'licensee', and an entrant 'as of right' under the OLA 1957.
Give one example of each.
[6 marks]
Question 3
State the common duty of care as defined in s.2(2) of the OLA 1957. How does the standard of
care compare to that in ordinary negligence?
[4 marks]
Question 4
Explain how the OLA 1957 modifies the duty of care owed to child visitors under s.2(3)(a).
What assumption may an occupier make regarding children?
[5 marks]
Question 5
Under s.2(3)(b) OLA 1957, what is the position regarding skilled visitors? Refer to Roles v
Nathan [1963] in your answer.
[4 marks]
Question 6
Under s.2(4) OLA 1957, when will an occupier avoid liability for the negligence of an
independent contractor? Set out the three requirements.
[5 marks]
Question 7
What types of person or loss CANNOT be excluded under the OLA 1957? Give four examples.
[4 marks]
Question 8
State the three-part test under s.1(3) of the OLA 1984 that must be satisfied before an occupier
owes a duty to a trespasser. Identify which elements are subjective and which are objective.
[6 marks]
, Question 9
How may an occupier discharge their duty under the OLA 1984? (s.1(5))
[3 marks]
Question 10
Summarise the key distinction in the Tomlinson v Congleton Borough Council [2003] decision
and explain its significance for occupiers' liability.
[5 marks]
Practice Questions, Exam Problems & Full Model Answers
Tort Law · OLA 1957 & OLA 1984 · UK Law
LLB / GDL Level · Based on Lecture 15 Notes
Contents
Section A Short-Answer Knowledge Questions (Q1–Q10)
Section B Problem / Scenario Questions (Q11–Q14)
Section C Full Exam Essay Questions (Q15–Q16)
Section D Model Answer Guidance (Q11–Q16)
Section E Full Model Answers — All Questions (Q1–Q16)
These questions cover all key aspects of Occupiers' Liability under the OLA 1957 and OLA 1984.
Attempt each question before consulting the model answers in Section E.
, SECTION A — Short-Answer Knowledge Questions
Answer each question concisely. Cite relevant statutory provisions and cases where applicable.
Question 1
What is the legal test for determining whether someone is an 'occupier' under the Occupiers'
Liability Acts? Name the leading case that established this test.
[4 marks]
Question 2
Distinguish between an 'invitee', a 'licensee', and an entrant 'as of right' under the OLA 1957.
Give one example of each.
[6 marks]
Question 3
State the common duty of care as defined in s.2(2) of the OLA 1957. How does the standard of
care compare to that in ordinary negligence?
[4 marks]
Question 4
Explain how the OLA 1957 modifies the duty of care owed to child visitors under s.2(3)(a).
What assumption may an occupier make regarding children?
[5 marks]
Question 5
Under s.2(3)(b) OLA 1957, what is the position regarding skilled visitors? Refer to Roles v
Nathan [1963] in your answer.
[4 marks]
Question 6
Under s.2(4) OLA 1957, when will an occupier avoid liability for the negligence of an
independent contractor? Set out the three requirements.
[5 marks]
Question 7
What types of person or loss CANNOT be excluded under the OLA 1957? Give four examples.
[4 marks]
Question 8
State the three-part test under s.1(3) of the OLA 1984 that must be satisfied before an occupier
owes a duty to a trespasser. Identify which elements are subjective and which are objective.
[6 marks]
, Question 9
How may an occupier discharge their duty under the OLA 1984? (s.1(5))
[3 marks]
Question 10
Summarise the key distinction in the Tomlinson v Congleton Borough Council [2003] decision
and explain its significance for occupiers' liability.
[5 marks]
