occupiers liablity 1984 Flashcards

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1
Q

who does this act protect

A

tresspassers

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2
Q

what can c claim for

A

personal injury

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3
Q

how much protection do tresspassers have

A

less that lawful visitors

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4
Q

what 3 ways can a tresspasser be defined

A

someone entering a premissis without permission
someone whoes permission has been removed
someone who enters somewhere they shouldnt

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5
Q

which cases show the previous hole in the law

A

addie v dumbreck
brb v herrington

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6
Q

what 3 conditions must be met for the occupier to have liablity over the tresspasser

A

d must be aware of the danger
d must know/have reasonable grounds to believe d is in the vicinity of danger
the risk could be reasonably expected to be protected against

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7
Q

which section describes the duty of the occupier

A

s1(4)

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8
Q

how is the duty of the occupier described

A

the duty is to ‘take such care as is reasonable in all the curcumstances’ to prevent injury

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9
Q

how is the duty of the occupier judged (on if they have furfilled their duty of securing the premisis)

A

an objective test
what would the reasonable person do

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10
Q

what is expected of the occupier if there is a large risk

A

more precautions

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11
Q

what will be taken into account when seeing if the occupier has taken reasonable steps to secure the risk

A

The type and condition of the premises.
The amount of danger
Whether it is possible to take precautions
Age of known or suspected trespassers

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12
Q

give a case showing sufficient precautions by d

A

radcliff v McConnell

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13
Q

give a case showing c knowing risks

A

tomlinson v congleton bourgh council

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14
Q

give a case showing d not knowing of c presents

A

Higgs v foster

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15
Q

what is the approach towards children

A

The approach towards child trespassers is the same as adults the objective test includes factors like age

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16
Q

how will a childs age effect the need for procautions

A

age might increase danger and thus increase the need for precautions

17
Q

give a case to show the c understanding the risk as a child

A

keown v coventry healthcare NHS trust

18
Q

give a case showing danger due to c own act as a child

A

baldacchino v west witterington

19
Q

what are the defences available

A

contributory negligence
concent
warning signs

20
Q

what is contributory neglegence

A

Can reduce the amount of damages awarded
Blame to be assigned by a judge

21
Q

what is concent

A

It requires that the trespasser appreciates the nature and degree of the risk, more than just its existence.

22
Q

what section hilights concent

A

s1(6)

23
Q

what determins the sufficients of warning signs

A

the age of a child trespasser will determine whether the warning is sufficient.

24
Q

give a case for warning signs

A

westwood v post office