1984 Flashcards
What is tresspasser
Strict liabilty
Trespass by area case
Coleman brothers
Trespass by purpose
Calgrath- invited on for one
Invited to use stairs not slide down the banister
Where must danger come from
1.1A premesis not C activity
Duty of care sections
1.3
A-c
1.3a
Aware of danger or reasonable grounds it exists
1.3b
Know or reasonable grounds that C will be in vicinity
1.3C
In all circumstances reasonable to offer protection
What is duty of care
To take such care as reasonable to see that C does not suffer injury due to premesis
When can duty is 1.3 be discharged
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
Warning notice
1.5
Westwood V post office
Take reasonable steps in circumstance to give warning of danger or discourage it
Obvious risk
No need to protect for ovious risk
Dalby V National trust
Irresponsible minority
Platt V Liverpool
Do not have to protect
Volenti section
1.6
Con Meg apply?
Yes