trespassers

Cards (6)

  • Occupiers Liability Act 1984
    there's a lesser 'duty of humanity' owed to trespassers
    s.1(9) - covers personal injury and death
    s.1(8) - excludes any loss of or damage to property
  • 1 s.1(3) the occupier will only owe a duty if...
    he is aware of the danger - (Rhind v Astbury Water Park)
    he knows or has reasonable grounds to believe that someone is in the vicinity of the danger - (swain v puri)
    the risk is one he may reasonably be expected to offer some protection against - (Jolley v Sutton Borough council)
  • 2 limiting the scope of his duty...
    s.1(5) - an occupier may limit the scope of his duty through the use of effective warnings (Westwood v post office)
    s.1(6) - volenti non fit injuria, consent to the risk, risk was willingly accepted by C (Ratcliffe v McConnell)
  • 3 practicality of taking precautions
    d is only expected to take reasonable precautions
    (tomlinson v congleton BC)
  • 4 an occupier is entitled to expect that a trespasser will not engage in foolhardy pursuits
    (donoghue v folkestone)
  • 5 allurement on land
    child trespassers will be treated as visitors - (Jolley v Sutton BC)