Evaluation Of Occupiers Liability Flashcards
1
Q
What do you need to reference?
A
- Specific duty of care owed s.2(2) for lawful visitors or s.1(3) for trespassers
- special duty (children, experts)
2
Q
2.2 duty of care applies to what visitors
A
Children s.2(3) and experts s.2(3)b
3
Q
S.2(3)
A
4
Q
S.2(3)b
A
Experts
5
Q
Rules and case for allurements s.2(3)
A
- Rules decided before OLAs in GLASGOW V TAYLOR
- Protects children because it lowers the breach threshold
- Occupier must provide greater protection
6
Q
Children being accompanied
A
-Could reduce level of protection as onus for child’s care could pass to parent/carer
7
Q
Key issue for children
A
-Whether they realise the risk depends on the protection they get, take into account age, experience and knowledge of risk
8
Q
What with the ‘84 act do for children
A
- allowances made for children as what may or may not be safe for an adult may not be for a child. Offers more protection.
-Broad interpretation of foreseeability of risk offers greater protection to children
