duty of care

• s1(3) duty of care for c to prove 3 things
• 1. occupier is aware of the danger or has reasonable grounds to believe it exists
• 2. occupier knows or has reasonable grounds to believe that the other is in vicinity of the danger or may come into the vicinity
• 3. risk is one against which he may reasonably be expected to offer the other some protection
• s1(4) duty is for occupier to take such care as is reasonable in the circumstances of the case to see the trespasser does not suffer injury on the premises by the reason of the danger concerned
• danger - the object or part of land which the trespasser is injured
• standard of care is objective
• greater degree of risk the more precautions the o will have to take
• factors - nature of premises, degree of danger, practicality of taking precautions and age of trespasser
• trespassers have right to compensation
• if duty is owed occupier is liable