Active learning ideas
Occupiers' liability concerns the duty of care owed by those who control land or buildings to those who enter them. Students compare the Occupiers' Liability Act 1957, which covers lawful visitors, with the Occupiers' Liability Act 1984, which provides a much more limited duty to trespassers. This distinction is a key part of the tort curriculum, reflecting changing social attitudes toward property rights and personal safety.
Activity 01
Students walk around a fictional (or real) school map to identify potential hazards for three groups: a student (visitor), a window cleaner (specialist), and a weekend intruder (trespasser). They must suggest how the occupier should meet their duty for each.
What duty is owed to lawful visitors under the 1957 Act?
Activity 02
Provide examples of warning signs (e.g., 'Danger: Deep Water'). Pairs discuss whether the sign is enough to discharge the duty for an adult versus a 5-year-old child, using the 1957 Act as a guide.
How does the 1984 Act protect trespassers?
Activity 03
Debate the motion: This house believes that people who enter land without permission should have no right to sue for their injuries. Students use the background of British Rail Board v Herrington to argue for or against the 1984 Act.
What defences are available to an occupier?
A few notes on teaching this unit
Watch Out for These Misconceptions
The occupier must be the owner of the property.
An occupier is anyone with 'sufficient control' over the premises (Wheat v E. Lacon). A 'control test' scenario helps students identify that tenants, managers, or even contractors can be occupiers.
The duty to a trespasser is the same as the duty to a visitor.
The duty to a trespasser under the 1984 Act is much narrower and only applies if the occupier knows of the danger and the trespasser's presence. A comparison table helps students distinguish these two statutory regimes.
Methods used in this brief
The Rules of Negligence
Students learn to establish liability in negligence by proving a duty of care, breach of duty, and resulting damage. They will apply the Caparo test and principles of causation.
8 methodologies
Remedies in Tort
A review of the remedies available to a successful claimant in tort, focusing on compensatory damages and injunctions.
8 methodologies