Unit 4.2- Occupiers (Trespassers)

Question 1

Wheat v E Lacon

Answer 1

“Occupier” = someone with a sufficient degree of control over the premises

Question 2

Robert Addie v Dumbreck

Answer 2

“Trespasser” - someone who goes on to land uninvited and whose presence is either unknown to occupier or known and objected to

Question 3

Tomlinson v Congleton

Answer 3

If a claimant is injured due to naturally occurring features his injuries will not be due to the “state of the premises”

Question 4

Rhind v Astbury Water Park

Answer 4

Held that there were no reasonable grounds for the occupier to know that there was an obstruction in the lake

Question 5

Donoghue v Folkstone

Answer 5

Held that there were no reasonable grounds for the occupier to believe that anyone would be in the vicinity of danger (man in harbour at night)

Question 6

Jolley v Sutton - was remoteness test applies to occupiers liability?

Answer 6

The wagon mound test

Question 7

Ratcliffe v McConnell

Answer 7

Defence of consent - defendant occupier relied on defence of consent when man dived in to partially drained pool

Question 8

Refill v Newberry

Answer 8

Defence of illegality not available in respect of trespassers as parliaments intention was the provide trespassers some protection