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Summary Exploring Occupiers' Liability: Key Case Summaries

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Description: This document provides concise case summaries related to Occupiers' Liability. Covering a range of scenarios, these summaries explore the legal responsibilities and potential liabilities of occupiers. From defective structures to negligent maintenance, these cases offer valuable insights into the evolving legal landscape of Occupiers' Liability. An essential resource for students seeking a comprehensive overview of this important area of law.

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Summarized whole book?
No
Which chapters are summarized?
11
Uploaded on
July 7, 2023
Number of pages
3
Written in
2019/2020
Type
Summary

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❖ Bourne Leisure Ltd v Marsden [2009] EWCA Civ 671:
➢ Legal issue: Duty of care in relation to guests injured in a holiday park.
➢ Summary: The Court of Appeal held that the holiday park owed a duty of
care to its guests to take reasonable steps to ensure their safety.
❖ Bowen v National Trust [2011] EWCA 1992 (QB):
➢ Legal issue: Liability for injuries caused by a falling tree.
➢ Summary: The Court of Appeal ruled that the National Trust was not liable
for injuries caused by a falling tree, as they had taken reasonable steps to
inspect and maintain the trees on their property.
❖ Darby v National Trust [2001] All ER (D) 216 CA:
➢ Legal issue: Liability for injuries caused by a collapsed bridge.
➢ Summary: The Court of Appeal held that the National Trust was not liable
for injuries caused by a collapsed bridge as the danger was obvious and
the claimant had assumed the risk.
❖ Donoghue v Folkestone Ltd [2003] QB 1008:
➢ Legal issue: Duty of care owed by a business to its customers.
➢ Summary: The Court of Appeal found that the defendant owed a duty of
care to the claimant, who suffered injuries due to a dangerous condition
on the premises.
❖ English Heritage v Taylor [2016] EWCA Civ 448:
➢ Legal issue: Liability for injuries caused by a fall at a historical site.
➢ Summary: The Court of Appeal ruled that English Heritage was not liable
for injuries caused by a fall, as they had taken reasonable steps to warn
visitors of the potential danger.
❖ Glasgow Corporation v Taylor [1922] 1 AC 44:
➢ Legal issue: Liability for injuries caused by a defective tram.
➢ Summary: The House of Lords held that the corporation was liable for
injuries caused by a defective tram, as they had a duty to maintain the
tram in a safe condition.
❖ Gwilliam v West Hertfordshire Hospitals NHS Trust [2002] EWCA Civ 1041:
➢ Legal issue: Liability for injuries resulting from negligent medical
treatment.
➢ Summary: The Court of Appeal held that the hospital trust was liable for
injuries caused by negligent medical treatment provided to the claimant.
❖ Jolley v Sutton London Borough Council [2001] 1 WLR 1082:
➢ Legal issue: Liability for injuries resulting from a dangerous structure.
➢ Summary: The House of Lords ruled that the local council was liable for
injuries caused by a dangerous and neglected boat, as they had failed to
take reasonable steps to remove the danger.
❖ Keown v Coventry National Health NHS Trust [2006] EWCA Civ 39:
➢ Legal issue: Liability for injuries resulting from negligence during surgery.
➢ Summary: The Court of Appeal held that the NHS Trust was liable for
injuries caused by negligent surgical treatment provided to the claimant.
❖ Kiapasha (t/a Takeaway Supreme) v Laverton [2002] EWCA Civ 1656:
➢ Legal issue: Liability for injuries caused by a delivery driver's negligence.
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