Establishing a duty is only half the battle for a claimant; an occupier has a series of answers, and each works in a different way. This chapter begins with the structure of the defences and the threshold conditions a trespasser must satisfy before any duty arises under the OLA 1984, then turns to when there is no breach at all — obvious risks, and the special position of children, allurements and parental supervision. It moves on to volenti and the requirements for an effective warning under both Acts, the independent contractor defence and its limits, and the rules on excluding liability, which differ sharply between private and business occupiers. It closes with contributory negligence, including how the reduction in damages is calculated and how the standard adjusts for child claimants.
