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OCCUPIERS LIABILITY, RISK FACTORS, TRESSPASSERS, REMEDIES - Coggle Diagram
OCCUPIERS LIABILITY
COMMON DUTY OF CARE
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An occupier of premises owes the same duty, the common duty of care, to all his visitors
SCOPE: in all circumstances of the case is reasonable to see that all visitors will be reasonably safe
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Rochester Cathedral v Debell - keep reasonably safe, cannot guarantee their safety
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DEFENCES
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warnings
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D is not liable when given a warning that in all circumstances would enable the visitor to be reasonably safe
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PREMISES
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land, buildings as well as fixed or moveable structures including vessels and vehicles
OWED A DIFFERENT DUTY
CHILDREN
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occupier must be prepared for children to be less careful than adults and the premises must be reasonably safe for a child of that age
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TRADESMEN
s2 (30(B) a person carrying out a trade should appreciate and guard against any special risks ordinarily incident to it
professionals should be able to protect themselves to the risks normally part of their job - D can take less care
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TRESSPASSERS
TRESPASSER
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Someone who does not have permission to be where they are, doing what they are doing
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WHAT DUTY
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S1 (3) (a) occupiers owe a duty if they were aware of the danger or had reasonable grounds to believe it exists
Rhind v Astbury Water park - occupiers will not be liable if they were not aware of the danger or had no reason to suppose the danger might exist
S1 (3)(b) Occupiers owe a duty if they know or have reasonable ground to believe the other is in the vicinity of the danger or may come into vicinity of the danger
Higgs v Foster - occupier will not be liable if they had no reason to suspect the presence of a trespasser
S1 (3)(c) The occupier owes duty if the risk is one which they made be expected to offer some protection
Tomlinson v Congleton BC - occupier will not be liable if the trespasser is injured by an obvious danger
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