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tort
ola 1957
defences
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Created by
Brooke Lennox
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Cards (8)
consent/volenti - trespasser must appreciate
nature
/degree of
risk
(
smith
v
baker
)
contributory negligence
(sayers
)
warnings s2(
4
) ineffective unless in all
circumstances
it was enough to make the visitor be
reasonably
safe
must be seen (
rae
v
mars
)
if
obvious
no warning needed (
staples
v
west
dorset
)
exclusion causes
s2
(
1
) o can restrict,
modify
or exclude duty by
agreement
or otherwise
for
residential
occupiers but may not work for
children
based off of age/
understanding
s65
consumer rights act
2015
states trader cannot exclude or restrict liability for death or personal injury resulting from
negligence