000 01353cam a2200241 4500
001 ABS66843
008 111219e2003 000 0 eng u
035 _a(Sirsi) u122730
245 _aTrespass at your peril
260 _c2003
490 _aEstates Gazette
_v(0322) 31 May 2003, 140(1)
520 _aDiscusses 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'.
590 _aABS
650 _aOCCUPIERS LIABILITY ACT 1984
650 _aLAW OF TRESPASS
650 _aTOMLINSON V CONGLETON BC
650 _aDONOGHUE V FOLKESTONE PROPERTIES LTD
650 _aNEGLIGENCE
650 _aLIABILITY
690 _aPROPERTY LAW AND PRACTICE-CASE LAW
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2003/231.html
_zView the judgment free of charge at www.bailii.org
942 _n0
999 _c72913
_d72913