Negligence law is one of the most important areas of... Show more
Law
SociologySign up to see the contentIt's free!
Access to all documents
Improve your grades
Join milions of students
By signing up you accept Terms of Service and Privacy Policy
27
0
Eloise Joyce
13/12/2025
Law
negligence and OLA summary notes
410
•
13 Dec 2025
•
Negligence and Occupiers' Liability Act Notes
Eloise Joyce
@eloisejoyce_rvye
1 / 3
Understanding Negligence and Duty of Care
Negligence is basically about failing to act like a reasonable person would in the same situation. The famous case Blyth v Birmingham defines it as not doing what a sensible person would do, or doing something they wouldn't do.
Before you can sue someone for negligence, you need to prove they owed you a duty of care. This concept started with Donoghue v Stevenson (the snail in the ginger beer case!) and was refined by the Caparo test. This three-step test asks: Was the harm reasonably foreseeable? Is there a close enough relationship between the parties? And is it fair to impose a duty?
The good news is that Robinson v Chief Constable of West Yorkshire established that courts don't need to apply Caparo in every case - they can look at similar existing situations instead.
Key Point: The Caparo test is your go-to framework, but it's mainly used for new, unusual situations.
Breach of Duty Standards
Once a duty exists, did the defendant actually breach it? The standard of care varies depending on who's involved. Ordinary people are judged as reasonably competent (Wells v Cooper), whilst professionals must meet the Bolam standard - acting like a competent professional would.
Interestingly, learners don't get special treatment. In Nettleship v Weston, a learner driver was judged by the same standards as an experienced driver. However, children are judged by what's expected for their age (Mullin v Richards).
Several factors can affect the standard: vulnerable people get extra protection (Paris v Stepney), rare risks might not require precautions (Bolton v Stone), and sometimes social benefits outweigh risks (Watt v Hertfordshire Council).
Causation and Remoteness
Even if someone breached their duty, you must prove they actually caused your harm. Factual causation uses the 'but for' test from Barnett v Chelsea Hospital - but for their actions, would the harm have occurred?
Legal causation can be broken by intervening acts (novus actus interveniens). This happens when the claimant does something really careless (McKew v Holland), nature intervenes (Carslogie v RNG), or a third party's actions break the chain (Knightley v Johns).
Remoteness of damage asks whether the harm was foreseeable. Wagon Mound No 1 established that unforeseeable damage is 'too remote' to claim for. However, the thin skull rule (Smith v Leech) means defendants must take claimants as they find them - if someone has unusual vulnerability, that's tough luck for the defendant.
Remember: You need both factual causation (but for test) and legal causation (no intervening acts) to succeed.
Occupiers' Liability Act 1957 - Lawful Visitors
The Occupiers' Liability Act 1957 covers duties owed to people who have permission to be on your property. An occupier is anyone with control over premises (Wheat v Lacon), and premises are broadly defined to include even ladders (Wheeler v Copas).
Lawful visitors include people you've invited, those with contracts, and officials like police with statutory rights. The basic duty under s2(2) is to keep visitors reasonably safe for their visit's purpose.
Children get special protection under s2(3) - occupiers must guard against attractions that might harm kids (Glasgow Corporation v Taylor, Jolley v Sutton). However, courts expect parental supervision (Phipps v Rochester). Skilled workers are expected to protect themselves from their trade's special risks (Roles v Nathan).
Occupiers' Liability Act 1984 - Trespassers
The Occupiers' Liability Act 1984 deals with duties owed to trespassers - people without permission to be there. This replaced the old 'duty of common humanity' from BRBoard v Herrington.
A duty only exists if three conditions from s1(3) are met: the occupier knows about the danger, knows trespassers are around, and the risk is one where protection should be offered. The duty under s1(4) is simply to take reasonable care to prevent injury (Tomlinson v Congleton).
Crucially, occupiers don't need to spend loads making premises safe from obvious dangers. Ratcliffe v McConnell confirmed that adult trespassers don't need warnings about obvious risks - they must take responsibility for their own actions.
Children trespassers follow the same rules as adults under this Act, unlike the 1957 Act. The danger must come from the state of the premises itself, not just activities happening there.
Key Distinction: Lawful visitors (1957 Act) get much better protection than trespassers (1984 Act).
Defences and Avoiding Liability
Both Acts allow volenti (accepting risk) and contributory negligence defences. Occupiers can also give warnings to discharge their duty, but these must be adequate to keep people safe (Rae v Marrs). For obvious risks, no warning is needed (Staples v West Dorset).
Under the 1957 Act, occupiers aren't liable for independent contractors' work if it was reasonable to hire them, they were competent, and inspection wasn't required (Haseldine v Daw). The 1984 Act has similar warning provisions but requires clear, specific warnings about the precise danger (Westwood v Post Office).
We thought you’d never ask...
What is the Knowunity AI companion?
Our AI Companion is a student-focused AI tool that offers more than just answers. Built on millions of Knowunity resources, it provides relevant information, personalised study plans, quizzes, and content directly in the chat, adapting to your individual learning journey.
Where can I download the Knowunity app?
You can download the app from Google Play Store and Apple App Store.
Is Knowunity really free of charge?
That's right! Enjoy free access to study content, connect with fellow students, and get instant help – all at your fingertips.
Most popular content: Liabilities
Most popular content in Law
Most popular content
English - inspector calls quotes and analysis
Quotes from every main character
English Literature10
Can't find what you're looking for? Explore other subjects.
Students love us — and so will you.
4.9/5
App Store
4.8/5
Google Play
The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
Samantha Klich
Android user
Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
iOS user
Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
iOS user
The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
Android user
In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user
The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
Samantha Klich
Android user
Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
iOS user
Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
iOS user
The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
Android user
In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user
Negligence and Occupiers' Liability Act Notes
Eloise Joyce
@eloisejoyce_rvye
Negligence law is one of the most important areas of tort law you'll study, covering when people can claim compensation for harm caused by others' careless actions. This area also includes occupiers' liability, which deals with the specific duties property... Show more
Understanding Negligence and Duty of Care
Negligence is basically about failing to act like a reasonable person would in the same situation. The famous case Blyth v Birmingham defines it as not doing what a sensible person would do, or doing something they wouldn't do.
Before you can sue someone for negligence, you need to prove they owed you a duty of care. This concept started with Donoghue v Stevenson (the snail in the ginger beer case!) and was refined by the Caparo test. This three-step test asks: Was the harm reasonably foreseeable? Is there a close enough relationship between the parties? And is it fair to impose a duty?
The good news is that Robinson v Chief Constable of West Yorkshire established that courts don't need to apply Caparo in every case - they can look at similar existing situations instead.
Key Point: The Caparo test is your go-to framework, but it's mainly used for new, unusual situations.
Breach of Duty Standards
Once a duty exists, did the defendant actually breach it? The standard of care varies depending on who's involved. Ordinary people are judged as reasonably competent (Wells v Cooper), whilst professionals must meet the Bolam standard - acting like a competent professional would.
Interestingly, learners don't get special treatment. In Nettleship v Weston, a learner driver was judged by the same standards as an experienced driver. However, children are judged by what's expected for their age (Mullin v Richards).
Several factors can affect the standard: vulnerable people get extra protection (Paris v Stepney), rare risks might not require precautions (Bolton v Stone), and sometimes social benefits outweigh risks (Watt v Hertfordshire Council).
Sign up to see the contentIt's free!
Access to all documents
Improve your grades
Join milions of students
By signing up you accept Terms of Service and Privacy Policy
Causation and Remoteness
Even if someone breached their duty, you must prove they actually caused your harm. Factual causation uses the 'but for' test from Barnett v Chelsea Hospital - but for their actions, would the harm have occurred?
Legal causation can be broken by intervening acts (novus actus interveniens). This happens when the claimant does something really careless (McKew v Holland), nature intervenes (Carslogie v RNG), or a third party's actions break the chain (Knightley v Johns).
Remoteness of damage asks whether the harm was foreseeable. Wagon Mound No 1 established that unforeseeable damage is 'too remote' to claim for. However, the thin skull rule (Smith v Leech) means defendants must take claimants as they find them - if someone has unusual vulnerability, that's tough luck for the defendant.
Remember: You need both factual causation (but for test) and legal causation (no intervening acts) to succeed.
Occupiers' Liability Act 1957 - Lawful Visitors
The Occupiers' Liability Act 1957 covers duties owed to people who have permission to be on your property. An occupier is anyone with control over premises (Wheat v Lacon), and premises are broadly defined to include even ladders (Wheeler v Copas).
Lawful visitors include people you've invited, those with contracts, and officials like police with statutory rights. The basic duty under s2(2) is to keep visitors reasonably safe for their visit's purpose.
Children get special protection under s2(3) - occupiers must guard against attractions that might harm kids (Glasgow Corporation v Taylor, Jolley v Sutton). However, courts expect parental supervision (Phipps v Rochester). Skilled workers are expected to protect themselves from their trade's special risks (Roles v Nathan).
Sign up to see the contentIt's free!
Access to all documents
Improve your grades
Join milions of students
By signing up you accept Terms of Service and Privacy Policy
Occupiers' Liability Act 1984 - Trespassers
The Occupiers' Liability Act 1984 deals with duties owed to trespassers - people without permission to be there. This replaced the old 'duty of common humanity' from BRBoard v Herrington.
A duty only exists if three conditions from s1(3) are met: the occupier knows about the danger, knows trespassers are around, and the risk is one where protection should be offered. The duty under s1(4) is simply to take reasonable care to prevent injury (Tomlinson v Congleton).
Crucially, occupiers don't need to spend loads making premises safe from obvious dangers. Ratcliffe v McConnell confirmed that adult trespassers don't need warnings about obvious risks - they must take responsibility for their own actions.
Children trespassers follow the same rules as adults under this Act, unlike the 1957 Act. The danger must come from the state of the premises itself, not just activities happening there.
Key Distinction: Lawful visitors (1957 Act) get much better protection than trespassers (1984 Act).
Defences and Avoiding Liability
Both Acts allow volenti (accepting risk) and contributory negligence defences. Occupiers can also give warnings to discharge their duty, but these must be adequate to keep people safe (Rae v Marrs). For obvious risks, no warning is needed (Staples v West Dorset).
Under the 1957 Act, occupiers aren't liable for independent contractors' work if it was reasonable to hire them, they were competent, and inspection wasn't required (Haseldine v Daw). The 1984 Act has similar warning provisions but requires clear, specific warnings about the precise danger (Westwood v Post Office).
We thought you’d never ask...
What is the Knowunity AI companion?
Our AI Companion is a student-focused AI tool that offers more than just answers. Built on millions of Knowunity resources, it provides relevant information, personalised study plans, quizzes, and content directly in the chat, adapting to your individual learning journey.
Where can I download the Knowunity app?
You can download the app from Google Play Store and Apple App Store.
Is Knowunity really free of charge?
That's right! Enjoy free access to study content, connect with fellow students, and get instant help – all at your fingertips.
27
Smart Tools NEW
Transform this note into: ✓ 50+ Practice Questions ✓ Interactive Flashcards ✓ Full Mock Exam ✓ Essay Outlines
Mock Exam
Quiz
Flashcards
Essay
Most popular content: Liabilities
Most popular content in Law
Most popular content
English - inspector calls quotes and analysis
Quotes from every main character
English Literature10
Can't find what you're looking for? Explore other subjects.
Students love us — and so will you.
4.9/5
App Store
4.8/5
Google Play
The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
Samantha Klich
Android user
Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
iOS user
Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
iOS user
The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
Android user
In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user
The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
Samantha Klich
Android user
Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
iOS user
Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
iOS user
The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
Android user
In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user