Rhind v Astbury Water Park Ltd and another (Record no. 74439)

MARC details
000 -LEADER
fixed length control field 01785cab a2200229 4500
001 - CONTROL NUMBER
control field ABS67951
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 040623n2004 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u126593
245 ## - TITLE STATEMENT
Title Rhind v Astbury Water Park Ltd and another
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2004
520 ## - SUMMARY, ETC.
Summary, etc. [2004] EWCA (Civ) 756, 16 June 2004. Claimant (R) appealed against HC decision ([2003] EWHC 1029 (QB), [2003] All ER (D) 217 (May)) that the defendants (A) were not in breach of duty owed as occupiers to R. A and another were occupiers of a disused gravel pit used for recreational purposes. R dived into the shallow water of the gravel pit to retrieve his football, hitting his head on a fibreglass container on the bottom and suffered severe personal injuries. R accepted that he was a trespasser when he dived into the water, but argued that his injury was caused by a danger within the Occupiers' Liability Act 1984 s1(3) that A had failed to protect against. R was unable to establish on the evidence submitted the threshold requirement for the existence of a duty of care, since he could not show that the defendants were aware of the danger on their land that caused his injury or had reasonable grounds for believing that it existed. "Tomlinson v Congleton BC and another" ([2003] UKHL 47, Abs67008) applied. HC decision upheld. View judgment at www.bailii.org.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RHIND V ASTBURY WATER PARK LTD AND ANOTHER
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TOMLINSON V CONGLETON BC
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element DUTY OF CARE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element OCCUPIERS' LIABILITY ACT 1984 S1(3)
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element OCCUPIERS LIABILITY ACT 1957
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element DONOGHUE V FOLKESTONE PROPERTIES LTD
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element LAW-CASE LAW
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2004/756.html">https://www.bailii.org/ew/cases/EWCA/Civ/2004/756.html</a>
Public note View judgement on the BAILII websiteƯ
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 23/06/2004   ONLINE 126593-2001 06/08/2019 1 06/08/2019 Law report
    Dewey Decimal Classification     Virtual Virtual Online 23/06/2004   ABS67951 126593-3001 06/08/2019 1 06/08/2019 Law report