occupiers liability 84

Question 1

section 1(3) states that an occupier owes a duty of care to a non visitor if:

Answer 1

1) the occupier is aware of the danger or has reasonable grounds to believe it exists 2) the occupier knows or has reasonable grounds to believe that the other may be in the vicinity of the danger or may come into the vicinity of the danger 3) the risk is one in which in all circumstances of the case it was reasonable to expect the occupier to offer the other some protection

Question 2

section 1(4) states that:

Answer 2

the duty is to take such care that in all circumstances of the case the other does not suffer injury on the premises as a result of the danger concerned

Question 3

under s1(5)

Answer 3

the duty may be discharged by providing a warning of the danger or discouraging others from taking that risk

Question 4

refill v Newbury

Answer 4

d was still liable but contributory negligence was taken into consideration and damages were reduced

Question 5

donoghue v folkstone

Answer 5

it was reasonable to guard against it in summer but nit at that time of year so d was not liable

Question 6

Ratcliffe v mcconnel

Answer 6

locks and warnings were sufficient so d was not liable

Question 7

known v coventry

Answer 7

the premises were not dangerous therefore d was not liable