1984 Flashcards

1
Q

What is tresspasser

A

Strict liabilty

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2
Q

Trespass by area case

A

Coleman brothers

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3
Q

Trespass by purpose

A

Calgrath- invited on for one
Invited to use stairs not slide down the banister

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4
Q

Where must danger come from

A

1.1A premesis not C activity

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5
Q

Duty of care sections

A

1.3
A-c

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6
Q

1.3a

A

Aware of danger or reasonable grounds it exists

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7
Q

1.3b

A

Know or reasonable grounds that C will be in vicinity

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8
Q

1.3C

A

In all circumstances reasonable to offer protection

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9
Q

What is duty of care

A

To take such care as reasonable to see that C does not suffer injury due to premesis

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10
Q

When can duty is 1.3 be discharged

A

If reasonable care has been taken -1.4
What would reasonable person do to protect tresspasser
Warning signs - 1.5
Obvious risk
Volenti
If C is determined minority
No more he could’ve done

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11
Q

Warning notice

A

1.5

Westwood V post office
Take reasonable steps in circumstance to give warning of danger or discourage it

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12
Q

Obvious risk

A

No need to protect for ovious risk
Dalby V National trust

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13
Q

Irresponsible minority

A

Platt V Liverpool

Do not have to protect

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14
Q

Volenti section

A

1.6

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15
Q

Con Meg apply?

A

Yes

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16
Q

Time of year?

A

Matters

Donoghue V Folkestone

17
Q

Children

A

Same as adults

Baldacchino V west wittering

18
Q

Children

A

Baldachino V west wittering
Same as adult

19
Q

Children

A

Baldachino V west wittering
Same as adult

20
Q

Claim for

A

1.8
Not property