Occupiers Liability Act 1984

Question 1

ADDIE v DUMBRECK

Answer 1

LAW: law was not created to deliberately cause harm

Question 2

BR BOARD v HERRINGTON

Answer 2

LAW: bc of harshness of the A v D rule, a duty of common humanity to trespassers was introduced

Question 3

SECTION 1 - SUBSECTIONS 3 & 4

Answer 3

DUTY IS OWED IF;

1. occupier is aware of the danger
2. occupier knows/believes that someone could come in the vicinity of the danger
3. risk should of been protected against (if possible)

Question 4

RATCLIFF v MCCONNELL

Answer 4

LAW: occupier does not have to warn adult trespassers of obvious risks

Question 5

DONOGHUE v FOLKESTONE PROPERTIES

Answer 5

LAW: occupier does not have to warn adult trespassers at unforeseeable times of day or year

Question 6

TOMLINSON v CONGLETON BOROUGH COUNCIL

Answer 6

LAW: occupier does not have to spend lots of money on making the premises safe from obvious danger

Question 7

HIGGS v FOSTER

Answer 7

LAW: occupier will not owe a duty of care to trespassers he does not expect to enter the premises

Question 8

RHIND v ASTBURY WATERPARK

Answer 8

LAW: occupier does not owe a duty fro a danger he is unaware of