Means of discharging the duty

Question 1

warnings

Answer 1

Must make the visitor reasonably safe – not just issue a warning.
Case: Rae v Mars – ; sometimes physical barriers are needed
Roles v Nathan [1963] 1 WLR 1117

Question 2

independant contractors

Answer 2

No liability if:
Reasonable to hire a contractor
Reasonable care in selecting them
Work checked if appropriate

Bottomley v Todmorden Cricket Club: poor contractor choice → liable

Question 3

application

Answer 3

i) reasonableness of entrusting the work to an independent contractor:

ii) reasonableness of steps taken to ensure that the contractor was competent: Gwilliam v West Hertfordshire Hospital NHS Trust
iii) steps taken to ensure that the work was done properly:Haseldine v Daw [1941] 2 KB 34- maintence every month

Question 4

establishing breach of duty/causation

Answer 4

the case of Pook v Rossall School [2018] EWHC 522 – pupil injured when running to hockey lesson over muddy ground. School owed ‘enhanced duty’ to children but not every foreseeable risk required remedial action.

Answer 5

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Answer 6

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