unlawful visitors / trespassers

• what is the significance of the case of British railways board v herrington 1972?

  It is the case which lead to the creation of the occupier's liability act 1984
• what does section 1(8) of the occupier's liability act 1984 say?

  It says that the O will only be liable for the Tresspasser's personal injury or death, not damage to their property.
• what legislation oversees the O's DOC over a trespasser?

  Occupier's liability act 1984
• what is the significance of section 1(3) of the occupier's liability act 1984?

  it gives the three things that the claimant would have to prove that the D had a duty of care over them
• According to section 1(3) of the occupier's liabiltiy act, what 3 things does the claimant need to prove to show that the D had a duty of care over them?

  the occupier was aware of the danger or had reasonable grounds to believe that a threat exists

  The occupier knows, or has reasonable grounds to believe, that trespassers (s) are in the vicinity of danger or are likely to be.

  The risk is reasonable for the Occupier to protect against.
• what is the significance of the case of tomlinson v congleton borough council?

  It shows that an occupier will not be liable if they had no reason to suspect the presence of a tresspasser
• what case shows that an occupier will not be liable if they had no reason to suspect the presence of a tresspasser?

  Tomlinson v congleton borough council
• What is the significance of the case of ratcliff v Mcconnel?

  It shows that the time of day, and time of year when the accident happened can be relevant for deciding if the occupier owes a duty of care.
• What case shows that the time of day, and time of year when the accident happened can be relevant for deciding if the occupier owes a duty of care??

  Ratcliff v McConnel
• What is the significance of the case of Donoghue v Folkstone Properties?

  It shows how an occupier does not have to spend lots of money to make the premises safe from obvious dangers.
• What case shows how an occupier does not have to spend lots of money to make the premises safe from obvious dangers?

  Donoghue v Folkstone properties
• What is the signficance of the case Higgs v Foster?

  It shows how the occupier will not be liable if they were not aware of the danger, or had no reason to suspect that the danger had existed
• What case shows how the occupier will not be liable if they were not aware of the danger, or had no reason to suspect that the danger had existed?

  Higgs v Foster
• what does section 1(4) of the occupier's liabillity act 1984 say?

  The occupier must take reasonable care in the circumstances so that the tresspasser doesn't suffer injury on account of the danger.
• What things will the court consider when taking into account the circumstances of the accident?

  The seriousness of the risk

  Foreseeability of trespassers

  Why the trespasser is trespassing

  Age of the trespasser
• what does section 1(5) of the Occupier's liability act 1984 say?

  It says that the occupier may discharge liability by giving a warning of the danger concerned, or to discourage people from taking the risk- especially if the risk is an allurment.
• what does section 1(6) of the occupier's liability act 1984 state?

  It allows the occupier to plead consent and contributory negligence as defenses.
• When can the Occupier plea consent ?

  If the tresspasser appreciated the nature and extent of the risk, and willingly accepted it.