Section 1 establishes the duty of care, which is owed to "persons other than [the occupier's] visitors", who will predominantly be trespassers but this also applies to anyone exercising rights under various statutes dealing with access to the countryside and anyone accessing a private right of way, but does not apply to anyone using a public right of way in which case the common law rules apply. Under Section 1(3) of the Act, the duty is owed when the occupier is aware of t… Webpreserves the much criticised decision of Greenhalgh v. British Railways Board'6 in which the Court of Appeal held that section 2(6) of the Occupiers' Liability Act 1957 did not render persons using a public right of way visitors under that Act. The effect of this is that the occupier's liability is governed by the common law,
Greenhalgh v British Railways Board: 1969 - swarb.co.uk
Webfrom £ 5 .50. London to Edinburgh (Waverley) from £ 24 .90. Manchester to London. from £ 26 .70. Home. Train times. Vauxhall to Greenwich. WebPrivate (Holden v White) and public (Greenhalgh v British Railways Board). 22 Q Which statutory provision allows certain persons to enter occupiers’ premises for lawful reasons? A s2(6) OLA 1957. 23 Q According to s2(1) OLA 1957 to whom is the common law duty of care owed by occupiers? A dustpwnd
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WebBritish Railway Board v Herrington [1972] Originally no duty was owed to trespassers unless the occupier intended or was reckless as to their safety, knowing of their presence. This approach was radically altered with the introduction of the duty of 'common humanity'. WebOccupiers' Liability Act 1984. The Occupiers' Liability Act 1984 (c. 3) is an Act of the Parliament of the United Kingdom that covers occupiers' liability for trespassers. In British Railways Board v Herrington 1972 AC 877, the House of Lords had decided that occupiers owed a duty to trespassers, but the exact application of the decision was ... Web[1] Greenhalgh v British Railways Board [1969] 2 All ER 114 The Court of Appeal stated that "there was at common law no duty on an occupier of land over which there is a … dvd night of the twisters