Occupiers Liability 1984 0.0 / 5 ? LawLaw of TortASAQA Created by: molly_may46Created on: 12-03-19 17:31 Who does this Act aim to protect? Trespassers (British Railway Board) 1 of 12 Which case defines an occupier? Wheat v Lacon 2 of 12 What constitutes as a premesis? Anything- can even include a ladder. 3 of 12 Duty of care- who is owed? Less than '57 act- only to the person but not to a property. 4 of 12 D only owes a duty if: the occupier is aware of the danger 5 of 12 D only owes a duty if: he has reason to believe people go near the danger 6 of 12 D only owes a duty if: the danger is something he could guard against. 7 of 12 Breach case: empty pool @ night Ratcliffe v McConnel 8 of 12 Breach case: claimant was somewhere they were not expected to be Donoghue v Folkestone Properties 9 of 12 How are children guarded in this act? They are guarded more in the 1957 Act, as parents are supposed to have more personal responsibility. 10 of 12 Why is someone trespassing? If for nefarious reasons then they don't have much to stand on. 11 of 12 Defences in Occupiers Liability Either volenti or contributory negligence, fences and warnings are needed. 12 of 12
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