Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
5 Cards in this Set
- Front
- Back
|
What must the defendant be, do and what must the claimant be? |
Defendant must be an occupier- person who has control of the premises (Wheat V E Lacon) Defendant must also occupy a premises- Section 1(3) land, buildings and any fixed/ moveable structure Claimant Must be a trespasser- someone who goes onto land without any kind of permission (Tomlinson V Congleton Borough Council) |
|
|
Who does the duty apply to? |
Section 1- the duty applies to persons who come onto their land without permission Claimant will only be in a position to pursue a claim where the injury suffered is by reason of any danger due to the state of the premises No Danger- Keown V Coventry NHS Trust No Danger- Siddorn V Patel Danger- Rhind V Astbury Water Park Allowances are made for children- what is safe for adults may not be safe for children (Keown V Coventry NHS Trust) |
|
|
When does the occupiers duty to trespasses exist? |
When 3 conditions are satisfied under Section 1(3) 1. The occupier is aware of the danger or has reasonable grounds to believe that it exists (Rhind V Astbury Water Park) 2. He knows or has reasonable grounds to believe that the other is in the vicinity of the danger concerned or that he may come into the vicinity of the danger Not Aware- Donoghue V Folkestone properties Aware- Scott V Associated British Ports 3. The risk is one, in all the circumstances of the case, that the occupier may reasonably be expected to offer the other some form of protection |
|
|
What are the available defences? |
1. Warnings- Section 1(5) occupier discharges the duty by taking such steps as are reasonable in all the circumstances of the case to give warning of the danger concerned or to discourage persons from incurring the risk (Platt V Liverpool City Council) - built an 8 ft fence to discourage The existence of a warning sign is not enough- it must be sufficiently clear to ensure the risk is obvious (Tomlinson V Congleton Borough Council) 2. Contributory Negligence 3. Volenti |
|
|
What are the available damages? |
Claims are for personal injury NOT damage to property (Section 1(8)) |
