Occupiers Liability 1984

Question 1

An Occupier will owe a duty of care to a trespasser if

Answer 1

S.1(3)
He is aware of the danger or has reasonable grounds to believe it exists
He knows or has reasonable grounds to believe that the other is in the vicinity of the danger or may come into the vicinity of the danger
The risk is one in which all circumstances of the case, he may reasonably be expected to offer some protection

Question 2

case for aware

Answer 2

Jolley v Sutton

Question 3

case for vicinty

Answer 3

Tomilson v Congelton

Question 4

case for risk

Answer 4

Revill v Newbury

Question 5

S.1(4)

Answer 5

a duty owed to trespassers is to take care to see that they are not injured on the premises by any dangers concerned