1984 OL Flashcards
1
Q
2 - trespassers
A
- trespasser = someone who goes onto land without any kind of permission and whose presence is either not known to the occupier, or, if known is objected to.
- the claimant will only be in a position to pursue a claim where the injury suffered is by reason of any danger due to the state of the premises or to things done or omitted to be done on them
- SIDDORN v PATEL
2
Q
3 = conditions that have to be satisfied
A
- occupier is aware of the danger or has reasonable grounds to believe that it exists; RHIND v ASTBURY WATER PARK
- they know or has reasonable grounds to believe that the other is in the vicinity of the danger concerned or that they may come into the vicinity of the danger - DONOGHUE v FOLKESTONE
- risk is one which in all circumstances of the case, the occupier may reasonably be expected to offer the other some protection from
3
Q
4 = DISCHARGING THE DUTY
A
- warnings
- contributory negligence
-consent
