1984 Whole

Question 1

Duty of care for tresspassers

Answer 1

S.1(1)(a) duty of care is still owed to trespassers

Question 2

What is a trespasser

Answer 2

Person who enters without inivte
Person whose presence is unkwon to the occupief
Has excced their power(Geary v Wetherspoon)

Question 3

In order to satisfy DOC

Answer 3

1 s.1(1) the dangrous state of premises (Keown v Coventry)

Question 4

Second to satifsy duty of care

Answer 4

Occupier was aware of the danger
Occuiper knows the trespasser is in the vicinty of danger (Swain v Natui)
Risk is one the occipuer should reasonble expect to offer protection from (Tomlinson v Congletion)

Question 5

Breach of duty for trespasser

Answer 5

The duty owed by an occupier to a trespasser is to take such carr as it is reasonable in all circumstances that the trespasser doesn’t suffer injury on premises because of danger
S.1(4)

Question 6

what is the breach risk for the trespasser

Answer 6

In order to decide if d took reasonable care for c wasn’t injured the court needs to apply (Tomlinson v Congleton)

Question 7

resultant damage for a trespasser

Answer 7

s.1(8) trespasser can only claim for personal injury

Question 8

1st Defence

Answer 8

warning s.1(5) - occupier can above liability if they take reasonable steps in all circumstances to give warining of the danger

Question 9

3rd defence

Answer 9

consent s.1(6) no duty is owed to a person for the risks they are willing to take (Ratcliff v McConnell)