occupiers liablity 1984

Question 1

who does this act protect

Answer 1

tresspassers

Question 2

what can c claim for

Answer 2

personal injury

Question 3

how much protection do tresspassers have

Answer 3

less that lawful visitors

Question 4

what 3 ways can a tresspasser be defined

Answer 4

someone entering a premissis without permission
someone whoes permission has been removed
someone who enters somewhere they shouldnt

Question 5

which cases show the previous hole in the law

Answer 5

addie v dumbreck
brb v herrington

Question 6

what 3 conditions must be met for the occupier to have liablity over the tresspasser

Answer 6

d must be aware of the danger
d must know/have reasonable grounds to believe d is in the vicinity of danger
the risk could be reasonably expected to be protected against

Question 7

which section describes the duty of the occupier

Answer 7

s1(4)

Question 8

how is the duty of the occupier described

Answer 8

the duty is to ‘take such care as is reasonable in all the curcumstances’ to prevent injury

Question 9

how is the duty of the occupier judged (on if they have furfilled their duty of securing the premisis)

Answer 9

an objective test
what would the reasonable person do

Question 10

what is expected of the occupier if there is a large risk

Answer 10

more precautions

Question 11

what will be taken into account when seeing if the occupier has taken reasonable steps to secure the risk

Answer 11

The type and condition of the premises.
The amount of danger
Whether it is possible to take precautions
Age of known or suspected trespassers

Question 12

give a case showing sufficient precautions by d

Answer 12

radcliff v McConnell

Question 13

give a case showing c knowing risks

Answer 13

tomlinson v congleton bourgh council

Question 14

give a case showing d not knowing of c presents

Answer 14

Higgs v foster

Question 15

what is the approach towards children

Answer 15

The approach towards child trespassers is the same as adults the objective test includes factors like age

Question 16

how will a childs age effect the need for procautions

Answer 16

age might increase danger and thus increase the need for precautions

Question 17

give a case to show the c understanding the risk as a child

Answer 17

keown v coventry healthcare NHS trust

Question 18

give a case showing danger due to c own act as a child

Answer 18

baldacchino v west witterington

Question 19

what are the defences available

Answer 19

contributory negligence
concent
warning signs

Question 20

what is contributory neglegence

Answer 20

Can reduce the amount of damages awarded
Blame to be assigned by a judge

Question 21

what is concent

Answer 21

It requires that the trespasser appreciates the nature and degree of the risk, more than just its existence.

Question 22

what section hilights concent

Answer 22

s1(6)

Question 23

what determins the sufficients of warning signs

Answer 23

the age of a child trespasser will determine whether the warning is sufficient.

Question 24

give a case for warning signs

Answer 24

westwood v post office