1957

• Lowery v Walker: implied permission is where D knows of trespassers yet does nothing to prevent them
• allurements: something that may attract children without preventions accounts to implied permission
• cooke v midland great western: (train turntable) allurements are classed as implied permission
• edward’s v railway executive: preventions mean allurements are not permission
• gautret v egerton: people on rights of way are not visitors and so are not owed a duty of care
• horton v jackson: people must be made safe on premises, this can be done through signs
• perry v butlins: children must be made reasonably safe for their age
• phipps v rochester corp: an occupier is entitled to believe children will be accompanied by an adult
• person excercising a calling: someone doing a job on your land and they get injured during
• roles v nathan: if a person excercising a calling, gets injured through a general risk the occupier is liable, if it is through a special risk (arises due to job) they are not liable
• independent contractors: where damage occurs to a visitor as a result of maintenance or work
• independent contractors: to avoid liability, occupiers must check work has been done to a reasonable standard, and that the contractor is qualified and adequate to perform worl
• haseldine v dawe: where work is too technical, D can not be expected to check standard
• defences for 1957 act:

  • contributory negligence
  • volenti/ consent
  • warnings (roles v nathan)
• damages:

  personal injury, death, property damage