Occupier's liability Act - 1984

Question 1

What is meant by a trespasser?

Answer 1

Somebody with no permission/exceeds their permission to be there

Question 2

What can trespassers only claim for?

Answer 2

Personal Injury

Question 3

What is established that D owes in BRB v Herrington

Answer 3

“Common duty of humanity”

Question 4

What is the 3 part test to establish whether D owes a duty of care to trespassers?

Answer 4

1. D is aware of the danger
2. D believes a trespasser may come into the area
3. D is expected to ofer some protection - NL if the danger is obvious

Question 5

Under S1(4) what factors judge ‘reasonable care’

Answer 5

• Type of premises
• Size of danger
• Cost/practicality of taking precautions
• Age of trespasser

Question 6

What was the legal principle of Rhind v Asbury Water park

Answer 6

D was not liable as they were not aware of the danger (fiberglass)

Question 7

What was the legal principle of Higgs v Foster?

Answer 7

D was not liable - no belief that trespassers would come into the area - C climbed a wall to enter

Question 8

What was the legal priciple of Tomlinson v Congleton BC?

Answer 8

D was not liable - dangers were obvious and warning signs were displayed - D was not expected to offer additional protection