The criteria in s 1(3)(a)–(c) were considered in both [ cases (2) ], both involving young boys climbing on roofs. In Swain the Court of Appeal rejected the claim as there was no evidence of previous trespassing and the precautions taken, e.g. fencing, were sufficient. In contrast, in Young, the defendant council where found liable for the claimant’s injury as children climbing on a school roof was a known risk which they had failed to protect against despite there being a low cost solution.
Answer
Swain v Natui Ram Puri (1996) PIPR P442 and Young v Kent County Council (2005) LAWTEL
Tags
#occupiers-liability #tort
Question
The criteria in s 1(3)(a)–(c) were considered in both [ cases (2) ], both involving young boys climbing on roofs. In Swain the Court of Appeal rejected the claim as there was no evidence of previous trespassing and the precautions taken, e.g. fencing, were sufficient. In contrast, in Young, the defendant council where found liable for the claimant’s injury as children climbing on a school roof was a known risk which they had failed to protect against despite there being a low cost solution.
Answer
?
Tags
#occupiers-liability #tort
Question
The criteria in s 1(3)(a)–(c) were considered in both [ cases (2) ], both involving young boys climbing on roofs. In Swain the Court of Appeal rejected the claim as there was no evidence of previous trespassing and the precautions taken, e.g. fencing, were sufficient. In contrast, in Young, the defendant council where found liable for the claimant’s injury as children climbing on a school roof was a known risk which they had failed to protect against despite there being a low cost solution.
Answer
Swain v Natui Ram Puri (1996) PIPR P442 and Young v Kent County Council (2005) LAWTEL
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Open it The criteria in s 1(3)(a)–(c) were considered in both Swain v Natui Ram Puri (1996) PIPR P442 and Young v Kent County Council (2005) LAWTEL, both involving young boys climbing on roofs. In Swain the Court of Appeal rejected the claim as there was no evidence of previous trespassing and the precautions taken, e.g. fencing,
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