Occupiers Liability 2

Question 1

Seymane’s Case

Answer 1

Every man’s property is his castle, and he can protect it however he likes, but he can’t do the same thing in the street

Question 2

Bird v Holbrook

Answer 2

Protecting Tulips, woman ran in and got shot. No need to resort to violence in protecting land, and should not go further than necessary.

Question 3

Reville v Newberry

Answer 3

Shot a trespasser and was then held liable to him

Question 4

Arthur v Anker

Answer 4

Car was clamped, but there was plenty of notices warning about this so it was not liable for it.

Question 5

Drumbreck v Addie and Sons (English)

Answer 5

Not liable as the children were trespasser on their land. Therefore there is no reasonable duty of care

Question 6

Drumbreck v Addie and Sons (Scottish)

Answer 6

Trespasser is not an legal term in Scotland, rather there needs to be damage in order for it to be classed as trespassing in the English sense of the word.

Question 7

S1(1) 1960 (S) Act

Answer 7

All vistors to premises in Scotland have liability, it has the idea that people on your land are not out to get you.

Question 8

McGlone v British Railways Board

Answer 8

Protected on 3 sides, not on a fourth but there was a sign. Boy climbed up it. Although in Scots law there is liability to all visitors there is less of a protection for those who do not have permission to be there. Held company wasn’t liable in this case.

Question 9

British Railways Board v Herrington

Answer 9

Common humanity principle. This is that for trespasser there is no an objective test, but rather common humanity owed to them. In that should the occupier have somewhat reasonably foreseen the outcome.

Question 10

Occupier’s Liability Act 1984 - Scope

Answer 10

S1(1) Replacing common law, deals with those who are not invited onto the premises by the occupier.

Question 11

Who is the duty owed to? 1984 Act

Answer 11

S1(2) Same as occupiers Liability 1957, but there is a difference in right of way

S1(7) Those on highways no duty owed to
S1(6A) Rights of Way Act 2000 no duty owed when it is part of the natural landscape, or when it is a passing through place unless it is a gate/stile that has been put in for their benefit

Question 12

When is a duty owed? 1984 Act

Answer 12

A) When the occupier is away of the danger - Scott v Associated British Ports
B) When the other will reasonably come into contact with the danger - White v St Albans
C) When he should reasonably do something about it - Tomlinson v Congleton Council