Law · Year 13

Active learning ideas

Occupiers' Liability

Occupiers' liability is a specific branch of negligence that deals with the duties land occupiers owe to those who enter their property. Students must distinguish between the Occupiers' Liability Act 1957, which covers lawful visitors, and the 1984 Act, which provides limited protection for trespassers. This distinction is vital for understanding how the law balances property rights with public safety.

• National Curriculum Attainment Targets
• AQA Law 4.2.2
• OCR Law H415/02

• 30–45 min
• Pairs → Whole Class
• 3 activities

Activity 01

• Gallery Walk
• 30 min · Pairs

Gallery Walk: Visitor vs. Trespasser

Place images of different scenarios around the room (e.g., a customer in a shop, a shortcut-taker in a field, a child climbing a fence). Students move around to identify the legal status of each person and which Act (1957 or 1984) applies to their potential claim.

What duty is owed to lawful visitors under the Occupiers' Liability Act 1957?

• Understand
• Apply
• Analyze
• Create
• Relationship Skills
• Social Awareness

Activity 02

• Inquiry Circle
• 45 min · Small Groups

Inquiry Circle: The Allurement Principle

Small groups research cases involving children, such as Glasgow Corporation v Taylor (poisonous berries) and Jolley v Sutton (abandoned boat). They must present a 'safety report' for an occupier, explaining how to avoid liability for 'allurements' that might attract children.

How does the Occupiers' Liability Act 1984 protect trespassers?

• Analyze
• Evaluate
• Create
• Self-Management
• Self-Awareness

Activity 03

• Formal Debate
• 40 min · Whole Class

Formal Debate: Rights of Trespassers

Divide the class to debate the fairness of the 1984 Act. One side argues that occupiers should not owe any duty to people who enter illegally, while the other side uses British Rail Board v Herrington to argue for 'common humanity' and the protection of life.

What defences are available to occupiers to limit or exclude liability?

• Analyze
• Evaluate
• Create
• Self-Management
• Decision-Making

A few notes on teaching this unit

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Watch Out for These Misconceptions

• An occupier must make their premises completely safe.

  The 1957 Act only requires the occupier to make the visitor 'reasonably safe' for the purpose of their visit. They don't have to eliminate every possible risk. Peer analysis of cases like Laverton v Kiapasha helps students see that 'reasonable' does not mean 'perfect'.

• A 'Keep Out' sign automatically stops all liability for trespassers.

  Under the 1984 Act, a sign might not be enough if the occupier knows of a specific danger and knows trespassers are likely to encounter it. Collaborative scenario-testing helps students understand when a warning is sufficient and when physical barriers are needed.

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Methods used in this brief

• Gallery Walk
• Inquiry Circle
• Formal Debate