related to students from a visiting college and therefore there was no reason for the college to suspect the students had come into the danger so no duty of care arose under s. (3) (b) Occupiers Liability Act 1984. Also the trial judge had incorrectly identified the danger. The pool itself was not dangerous it was the activity of diving into it which was unsafe. This was an obvious danger to which there was no duty to warn. By surrounding the pool with a 7 foot high fence

a locked gate and a prohibition on use of the pool in the stated hours the College had offered a reasonable level of protection. The duty may be discharged by giving a warning or discouraging others from taking the risk S. (5) Occupiers Liability Act 1984 – note there is no obligation in relation to the warning to enable the visitor to be reasonably safe – contrast the provision under the 1957 Act. Tomlinson v. Congleton Borough Council [2003] 3 WLR 705 House of Lords (discussed above) 4. 1. 2. 3 Defenses Volenti non fit Injuria – s. 1 (6) OLA 1984 – no duty of care is owed in respect of risks willingly accepted by the visitor. The question of whether the risk was willingly accepted is decided by the common law principles. Contributory negligence – Damages may be reduced under the Law Reform Contributory Negligence) Act 1945 where the visitor fails to take reasonable care for their own safety. Exclusion of liability – Whereas the 1957 Act allows an occupier to exclude liability (subject to the provisions set out in UCTA 1977)

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