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16 Cards in this Set
- Front
- Back
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Apply Occupier and premises the same for 1957 and 84 |
:) |
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What was held in The Calgarth |
A trespasser is a person who has no permission to be on the Occupier's premises or gone beyond permission given to them |
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What can be claimed for under the 1984 act? |
Personal injury S1(1) and death S1(9) but not property damage S1(8) |
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What is owed to trespassers? |
A duty of common humanity created in BRB v Herrington and is owed in situations where the occupier knew of danger and likelihood of trespass |
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When does the 1984 act apply? + Section |
S1(1)(a) injury on the premises by reason of any danger due to the state of the premises or things done or omitted to be done on them |
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What does S1(4) state? |
The duty requires the occupier to take such care as is reasonable in the circumstances to see that the trespasser is not injured by reason of the danger |
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What was outlined in Jolley V Sutton |
Occupier is liable for foreseeable even if precise harm isn't foreseeable |
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What was outlined in Baldaccino v West Wittering |
Child trespassers are treated the same as adult trespassers (no special duty) |
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What is established in s1(3)(a) + case |
D is aware of danger or has reasonable grounds to believe it exists Rhind v Astbury Water Park |
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What was outlined in Rhind v Astbury Water Park |
Occupier won't be liable if they weren't aware of the danger |
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S1(3)(b) + cases |
D knows or has reasonable grounds to believe another is in the vicinity of the danger or may come onto the vicinity Higgs v Foster and Donoghue v Folkestone |
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What was outlined in Higgs v Foster |
Occupier not liable if they had no reason to suspect the presence of a trespasser |
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What was outlined in Donoghue v Folkestone |
D is not to expect foolhardy pursuits. Time of day and year are relevant |
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S1(3)(c) + cases |
The risk is one against which the occupier may be expected to offer the other some protection Ratcliff v McConnell and Tomlinson v Congleton |
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What was outlined in Ratcliff v McConnell |
Occupier won't be liable if trespasser is injured by obvious danger |
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What was outlined in Tomlinson v Congleton |
Occupier doesn't have to spend a lot of money to make the premises safe |
