Occupiers - Tresspassers

Which act covers Tresspassers?

OLA 1984

Which section sets out the conditions for there to be a duty of care?

S.1(3)

What conditions must be met for There to be a duty?

The occupier must be aware of the danger

Have reasonable grounds to believe the trespasser will be in the vicinity

reasonably be expected to provide some protection

Which case demonstrates s.1(3)(a)?

Rhind v Astbury

Which case demonstrates s.1(3)(b)?

Higgs v Foster

Which case suggests that time of day might be relevant to whether a duty of care arises?

Donoghue v Folkstone

Which case demonstrates s.1(3)(c)?

Tomlinson v Congleton

Which section sets out the standard of care?

s.1(4)

What is the standard of care?

to take such care as is reasonable so that a trespasser does not suffer injury

Which case demonstrates that occupiers are not needed to warn against obvious dangers?

Ratcliff v McConnell

Which case establishes how the duty of care does not change much for children?

Keown v Coventry NHS

Which section covers warning notices/

S.1(5)

Which case establishes that the warning sign must make a danger clear and so the age of a child may effect the understanding?

Westwoos v Post office

What two other defences are there?

contributory negligence

consent