The common duty of care

Question 1

common doc definition

Answer 1

s.2(2)The occupier must take reasonable care to make sure the visitor is reasonably safe while using the premises for the reason they were invited

Question 2

application

Answer 2

a) The Act is not ‘engaged’ where the danger is due to what the claimant chose to do:
Darby v National Trust [2001] EWCA Civ 189 – no duty in respect of obvious risks –

Question 3

Children- an enhanced doc

Answer 3

S.2(3)(a) – Occupier must be prepared for less care by children.
Higher duty owed to children.
Cases:Glasgow Corp v Taylor: allurement = liability

Question 4

Parental responsibilities

Answer 4

parental responsibility may limit duty Phipps v Rochester Corporation [1955] 1 QB 450

Question 5

Skilled visitors (a lower standard of care?)

Answer 5

Expected to guard against risks related to their trade.Case:
Roles v Nathan – chimney sweeps should know the dangers of fumes