Act 1984

• what is Act 1984

  concerns trespassers
• what case defines an occupier

  Wheat v Lacon & co
• what section defines a premises


  s1(3)(a)
• what case shows that there is a duty of 'common humanity'

  Herrington v British Railways Board
• s1(4)

  take reasonable care that they are not injured by the danger concerned
• s1(3) conditions:

  • aware of danger or reasonable grounds
  • aware trespassers
  • risk known
• case used for unknown danger

  Rhind v Astbury Water Park
• case used for unknown trespasser


  Higgs v Foster
• case used for precautions


  Tomlinson v Congleton Borough Council
• Ratcliff v Mcconnell


  no warning to adult trespassers for obvious dangers
• Donoghue v Folkestone properties

  no warning for adult trespassers against obvious risks at unforeseeable times
• Higgs v Foster


  Occupier will not owe a duty to trespasser he does not expect to enter the premises.
• child trespasser

  no sections
• what case shows that adult and child trespassers judges the same

  Keown v Coventry Healthcare
• case for warnings

  Westwood v post office