occupiers liability 84

Question 1

What is occupiers liability 84

Answer 1

An occupier now owes a duty of care to trespassers where previously they did not

Question 2

What is the lead case for occupiers 84

Answer 2

Addie v Dumbreck

Question 3

Explain Addie v Dumbreck

Answer 3

A child fell through an unprotected cover and was injured, no compensation as he was a trespasser

Question 4

What case influenced a change in occupiers to trespassers

Answer 4

British Rail board v Herrington

Question 5

Explain British rail road v Herrington

Answer 5

the council knew of gaps in the fence and that children played there. The courts said there needs to be a ‘common humanity’ and the 84 act was passed

Question 6

What does s(1)(a) read

Answer 6

that the scope for the 84 act applies to all people other than lawful visitors for injury on the premises

Question 7

How would an occupier be liable under 84 act

Answer 7

s1(3)
a they are aware of the danger or have reasonable grounds to believe it exists
b They know or have reasonable grounds to believe they are in the vicinity of the danger
c the risk is one the occupier would be expected to guard against

Question 8

What duty does the occupier owe in 84

Answer 8

s1(4) They take such care as is reasonable in the circumstances to see that the tresspasser is not injured by reason of the danger

Question 9

State and explain the case that says occupiers dont need to guard against obvious dangers

Answer 9

Ratcliffe

C trespassed in a swimming pool dived and hit his head, pools vary in depth

Question 10

State and explain the case that says the time of day or year could be relevant

Answer 10

Donoghue v Folkestone

C dived into sea at winter, not liable as not expect anyone to go in the sea then

Question 11

State and explain the case that says occupiers do not owe a duty if they had no reason to suspect the trespasser

Answer 11

Higgs v Foster

A police officer feel and was injured during an investigation, C could not have anticipated his presence

Question 12

State and explain the case that says they will not be liable if they were not aware of the danger

Answer 12

Rhind

C jumped in a lake and was cut by objects below, No duty owed as they has not been aware of the objects below

Question 13

What duty is owed to children

Answer 13

The same to that of adults

Question 14

What two cases show child trespassers

Answer 14

Keown and Baldaccino

Question 15

Explain Keown

Answer 15

A boy climbed a fire escape to show off and was injured, nothing wrong with premises so it was childs fault

Question 16

Explain Baldaccino

Answer 16

Child dived from a beacon into the sea and was injured, no duty owed as it was an obvious danger