Occupiers' Liability Quiz

What was the original common law position in respect of the liability of an occupier to trespassers as shown in Addie v Dumbreck?

• Occupiers had a duty of care to trespassers.

• Occupiers had no duty to ensure the safety of trespassers.

• Occupiers were liable for any injuries to trespassers.

• Occupiers had to warn trespassers of potential dangers.

What was decided by the House of Lords in BRB v Herrington?

• The House of Lords upheld the common law position from Addie v Dumbreck.

• The House of Lords imposed a limited duty of care on occupiers to trespassers.

• The House of Lords decided that occupiers are always liable for injuries to trespassers.

• The House of Lords ruled that trespassers could never claim against occupiers.

What is the duty owed to trespassers by occupiers under the 1984 Act?

• To take reasonable care to prevent injury on the premises.

• To ensure absolute safety of trespassers on the premises.

• To provide full compensation for any injury to trespassers.

• No duty is owed to trespassers under the 1984 Act.

Why was the claimant a trespasser in Tomlinson v Congleton BC?

• The claimant entered the premises without permission.

• The claimant was a child unaware of the trespass.

• The claimant had permission but exceeded it.

• The claimant was not actually a trespasser.

Which precondition to liability is shown by Keown v Coventry NHS Trust?

• The danger must be due to the state of the premises.

• The trespasser must be aware of the danger.

• The occupier must have been aware of the trespasser's presence.

• The trespasser must have caused the danger.

Why was the D not liable under the 1984 Act in Donoghue v Folkestone Properties?

• The trespasser was engaged in a criminal activity.

• The danger was obvious and the trespasser was aware of it.

• The occupier had taken reasonable steps to protect the trespasser.

• The trespasser had not suffered any injury.

Why was D not liable in Ratcliff v McConnell?

• The claimant was not a trespasser.

• The claimant willingly accepted the risk.

• The occupier had warned the claimant of the danger.

• The danger was due to the claimant's own conduct.