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Tort Law
Occupiers liability
1984
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Rowan Moss
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Cards (14)
What does the occupiers liability act 1984 talk about?
Trespassers
What does section 1(1) of the occupiers liability act say?
The q categories for trespassers are
Adult
trespassers and
Child
trespassers
What is the first legal principle for adult trespassers?
The occupier will not be
liable
if the trespasser is
injured
by an obvious danger
What case links to the first legal principle?
Ratcliffe
v
McConnell
What is the second legal principle for adult trespassers?
The
time of day
and the time of year when the accident happened will be relevant in deciding the duty of
care
owed
What case links to the second legal principle?
Donoghue
v
Folkestone
What is the third legal principle for adult trespassers?
An
occupier
does not have to spend lots of money in making the
premises
safe from obvious dangers
What case links to the
third
legal
principle
?
Tomlinson
v
Congleton
Borough council
What is the fourth legal principle for adult trespassers?
The
occupier
will not be liable if they had no reason to suspect the presence of a
trespasser
What case links to the fourth legal principle?
Higgs
v
Foster
What is the fifth legal principle for adult trespassers?
The occupier will not be liable if they were not aware of the
danger
or had no reason to suspect the
danger
existed
What case links to the fifth legal principle?
Rhind
v
Astbury
water park
What case links to the first legal principle for child trespassers?
Keown
v
coventry
Healthcare
What case links to the second legal principle for child trespassers?
Baldaccino
v
West Wittering