Tort - Occupiers Liability '84

Question 1

*Definition and first three cases + premises same

Answer 1

See ‘57

Question 2

Definition + extra

Answer 2

A person who has no permission or authority to be on occupiers premises/visitor gone beyond allowed premises. ONLY AVAILABLE FOR PERSONAL INJURY

Question 3

Duty owed when: (1st)

Answer 3

1. Occupier aware of danger/reasonable grounds to believe exists (Rhind v Astbury Water Park)

Question 4

Duty owed when: (2nd)

Answer 4

2. Knows/has reasonable grounds to believe other is in vicinity of danger/may come into vicinity:
   - Donoghue v Folkstone Properties (Time of day/year impact occupiers liability)
   - Higgs v Foster (Not liable = no reason to expect trespasser to enter)

Question 5

Duty owed when: (3rd)

Answer 5

3. Expected to owe protection:
   - Ratcliffe v McConnell (Occupier doesn’t have to warn adult obvious dangers)
   - Tomlinson v Congleton BC (Occupier doesn’t have to spend lots of money to make safe)

Question 6

Child trespasser cases

Answer 6

1. Keown v Coventry Healthcare
2. Baldaccino v West Wittering

Question 7

Defence: Warning notice case

Answer 7

Westwood v Post Office (Depend on if sufficient to trespasser)