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Trespass at your peril

Series: Estates Gazette ; (0322) 31 May 2003, 140(1)Publication details: 2003Subject(s): Online resources: Summary: Discusses the liability of landowners to trespassers under the Occupiers' Liability Act 1984. Suggests that an occupier owes a duty of care to trespassers where three conditions have been satisfied. Firstly the occupier is aware of the danger, secondly he/she is aware that the other person is or is likely to be in vicinity of danger and thirdly could he/she reasonably be expected to offer the other person some protection. Refers to "Donoghue v Folkestone Properties Ltd" ([2003] EWCA Civ 231 [2003], 2 WLR 1138) where CA held that the occupier was not liable reaffirming the approach of 'let the trespasser beware'.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS66843 (Browse shelf(Opens below)) 1 Available 122730-1001

Discusses the liability of landowners to trespassers under the Occupiers' Liability Act 1984. Suggests that an occupier owes a duty of care to trespassers where three conditions have been satisfied. Firstly the occupier is aware of the danger, secondly he/she is aware that the other person is or is likely to be in vicinity of danger and thirdly could he/she reasonably be expected to offer the other person some protection. Refers to "Donoghue v Folkestone Properties Ltd" ([2003] EWCA Civ 231 [2003], 2 WLR 1138) where CA held that the occupier was not liable reaffirming the approach of 'let the trespasser beware'.