1984

Question 1

Which of the following is correct when assessing the duty of care owed?

a. The duty of care owed is the same as under the 1957 Act
b. The duty of care owed is more than under the 1957 Act
c. The duty of care owed is less than owed under the 1957 Act

Answer 1

c. The duty of care owed is less than owed under the 1957 Act

Why is this?
It is limited as it would not be in the public interest to encourage trespassers to claim damages.

Question 2

When is the duty owed?

Answer 2

An occupier will owe a trespasser a duty if:

1. The occupier is aware of the risk (or has reasonable grounds to believe it exists)
2. He knows or has reason to believe that a trespasser is in the vicinity or may come into the vicinity
3. The risk is such that he would be expected to put in place some protection