OLA 1984 Flashcards
Established a ‘common duty of humanity’ to trespassers
Herrington 1972
Herrington 1972
Established a ‘common duty of humanity’ to trespassers
Addie v Dumbreck 1929
Trespasser is someone with no permission or authority to be on the premises, or has exceeded permission and authority
Trespasser is someone with no permission or authority to be on the premises, or has exceeded permission and authority
Addie v Dumbreck 1929
When will someone have exceeded their permission?
If they have been asked to leave or have entered an area that they aren’t supposed to be in
S.1(3)(a)
The occupier must be aware of the danger or have reasonable grounds to believe that it exists
The occupier must be aware of the danger or have reasonable grounds to believe that it exists
S.1(3)(a)
Rhind v Aspey
Demonstrates S.1(3)(a)
Demonstrates S.1(3)(a)
Rhind v Aspey
S.1(3)(b)
The occupier must know or have reasonable grounds to believe that they are near the vicinity
The occupier must know or have reasonable grounds to believe that they are near the vicinity
S.1(3)(b)
S.1(3)(c)
The risk is one against which the occupier ought to reasonably offer protection
The risk is one against which the occupier ought to reasonably offer protection
S.1(3)(c)
S.1(1)(a)
A duty applies towards trespassers for injury on the premises by reason of any danger due to the state of the premises or acts or omissions
A duty applies towards trespassers for injury on the premises by reason of any danger due to the state of the premises or acts or omissions
S.1(1)(a)
