How 84 Act protects trespassers (doesnt protect occupiers)

• Protects trespassers 1. definitions

  • broad definition of occupier (Wheat v Lacon)
  • 'anybody in possession or control of the land'
  • broad definition of premises (s.1(3)(a), Wheeler v Copas)
  • 'a person occupying or having control over any fixed or moveable structure including any vessel, vehicle or aircraft,' includes ladders
• Protects trespassers 2. Claims

  • the 1984 Act allows trespassers the right to claim at all
  • can claim for personal injury under s.1(8)
  • shouldn't have been there in the first place
• Not protecting trespassers 1. Defences

  • occupiers have defences available to use
  • Contributory negligence - law reform (contributor negligence) act 1945, reduced by a percentage
  • volenti non fit injuria s.1(6) - willingly accepted a risk (Ratcliffe v McConnell)
  • warning signs s.1(5) - enough information (Roles v Nathan), general is not enough (Roe v Mars), no duty against obvious risks (Darby v National Trust)
• Not protecting trespassers 2. Obvious dangers

  • no duty is owed for obvious dangers/risks
  • Darby v National Trust
  • no need to warn/protect