occupiers liability 1984 Flashcards
case for old unfair rule for tresspassers
adie
case for ‘common duty of humanity’
herrington
what section gave three circumstances where occupier will be liable
s. 1 (3)
what are the three circumstances when occupier will be liable
- occupier knew about danger
- occupier knew that trespasser could be in the vicinity of danger
- danger was such that occupier would be expected to offer protection against it
what type of test is it for 1984 OL
objective
case for obvious danger swimming pool
ratcliff
case when the occupier could not have expected the claimant to ‘engage in such a foolhardy escapade’
donoghue
case where it would have been unreasonable to expect the occupier to undergo the cost of offering protection
tomlinson
case where occupier could not have expected the tresspasser
higgs
case where occupier could not know of the danger
rhind
case involving child trespasser
baldaccino