Why was the boat in Jolley v Sutton treated as an allurement?

The abandoned boat invited children to play on it and to try to repair it. The council should have anticipated that children would meddle with the boat and be hurt.

What did Phipps v Rochester Corporation [1955] decide?

A five-year-old fell into a trench on a building site while out with his seven-year-old sister. The court held the occupier not liable, because an occupier may expect a very young child to be supervised.

How far can an occupier rely on parental supervision?

An occupier may assume that a prudent parent will not let a very young child roam alone in a dangerous place. The assumption is much weaker on premises designed for children.

Eduqas A-Level Law A150QS

Parliamentary and European Law Making

Topic overview Green Papers, White Papers and the making of a Bill The legislative process through Parliament The composition and role of Parliament Influences on Parliament and law making Parliamentary sovereignty The UK constitution, separation of powers and the rule of law The royal prerogative Law reform and the Law Commission European Union institutions and sources of law The impact of European Union law and withdrawal

Delegated Legislation

Topic overview Delegated legislation and enabling Acts Statutory instruments By-laws Orders in Council and Henry VIII powers Parliamentary controls on delegated legislation Judicial control and the ultra vires doctrine Reasons for the use of delegated legislation Advantages and disadvantages of delegated legislation Devolved legislatures

Statutory Interpretation

Topic overview The need for statutory interpretation and the presumptions The literal rule The golden rule The mischief rule The purposive approach The rules of language Intrinsic aids Extrinsic aids and the use of Hansard The Human Rights Act 1998, European Union law and interpretation

Judicial Precedent

Topic overview The doctrine of precedent and stare decisis Ratio decidendi and obiter dicta Binding, persuasive and original precedent The hierarchy of the courts The Supreme Court and the Practice Statement 1966 The Court of Appeal and the exceptions in Young v Bristol Aeroplane Overruling, reversing and distinguishing Law reporting and judicial law making Advantages and disadvantages of precedent

The Civil Courts and Civil Process

Topic overview The civil courts and their jurisdiction Starting a claim and the Civil Procedure Rules Allocation to track and case management Civil appeals and the appellate courts Tribunals: development, role and control Arbitration Mediation, conciliation and negotiation Trial, judgment and enforcement Justice, interests and barriers in the civil process

The Criminal Process

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Legal Personnel

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Access to Justice and Funding

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Contract: Rules and Theory of Contract LawContract

Topic overview Origins and definition of the law of contract The function of the law of contract Contract as a set of rules for freely made agreements Contract law and economic development Arguments for a European or global contract law system Human rights and the law of contract Freedom of contract and consumer protection The impact of judicial decisions and legislation on contract Contract law, justice and morality

Contract: Essential Requirements and FormationContract

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Contract: Express and Implied TermsContract

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Contract: Misrepresentation and Economic DuressContract

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Contract: Discharge of ContractContract

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Contract: RemediesContract

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Tort: Rules and Theory of Tort LawTort

Topic overview The origins and development of the law of tort Categories of tort and the interests they protect Defining a tort and its boundaries with crime and contract Fault liability and strict liability Corrective justice and the aims of tort law The economic justification of tort Retributive justice and deterrence in tort Criticisms of the tort system Reform of the tort system and no-fault alternatives

Tort: NegligenceTort

Topic overview Duty of care and the neighbour principle The Caparo test and the modern approach to duty Injury to people, damage to property and other kinds of loss Breach of duty and the reasonable man The standard of care for professionals and for children Risk factors in deciding breach Proving breach and res ipsa loquitur Factual causation and the but for test Legal causation, intervening acts and remoteness of damage

Tort: Occupiers' LiabilityTort

Topic overview Occupiers, premises and the meaning of control Lawful visitors under the Occupiers' Liability Act 1957 The common duty of care owed to visitors Child visitors and the principle of allurement Skilled visitors and persons exercising a calling Independent contractors and the occupier's position Warnings, exclusion of liability and defences to a visitor's claim Trespassers and the duty under the Occupiers' Liability Act 1984 The standard owed to trespassers and defences under the 1984 Act

Tort: Torts Connected to LandTort

Topic overview Trespass to land: unlawful entry and intention Defences to trespass to land and the remedies available Public nuisance and the class of persons affected Suing in public nuisance: special damage and the Attorney-General Private nuisance: the parties and the interference Unreasonable user: locality, duration and utility Abnormal sensitivity and the effect of malice Specific defences to nuisance: prescription and statutory authority Rylands v Fletcher: the elements of the rule Specific defences to Rylands v Fletcher

Tort: Vicarious LiabilityTort

Topic overview The nature of vicarious liability The purpose of vicarious liability and the arguments about it Tests for the status of employment: control and integration The economic reality test and the modern multiple test Relationships akin to employment Scope of employment: authorised acts done in an unauthorised way Frolic of his own, detours and journeys Intentional wrongdoing and the close connection test Independent contractors and unusually hazardous activities

Tort: Defences and RemediesTort

Topic overview Volenti non fit injuria: the elements of the defence Volenti, rescuers and employees Volenti in road traffic cases and the defence of illegality Contributory negligence and the Law Reform (Contributory Negligence) Act 1945 Applying contributory negligence: seat belts, children and emergencies Defences and remedies in claims connected to nuisance and Rylands v Fletcher Compensatory damages in tort Assessing personal injury damages and mitigation of loss Injunctions and other remedies in tort

Criminal Law: Rules and TheoryCriminal

Topic overview The definition of a crime and the purposes of criminal law Burden and standard of proof in criminal cases Criminal law, morality and justice Codification of the criminal law The Crown Prosecution Service and the decision to prosecute The Attorney-General and the Director of Public Prosecutions Bail and the presumption in favour of liberty Remand in custody and custody time limits The criminal trial process Youth justice

Criminal Law: General Elements of LiabilityCriminal

Topic overview Actus reus: conduct, consequences and states of affairs Voluntary and involuntary conduct Liability for omissions Factual causation Legal causation and intervening acts Intention: direct and oblique Recklessness, negligence and transferred malice Coincidence of actus reus and mens rea Strict liability and the Gammon tests

Criminal Law: Offences Against the PersonCriminal

Topic overview Murder: elements and malice aforethought Voluntary manslaughter: loss of control Voluntary manslaughter: diminished responsibility Unlawful act manslaughter Gross negligence manslaughter Assault Battery Actual bodily harm under section 47 Malicious wounding and grievous bodily harm under section 20 Wounding and grievous bodily harm with intent under section 18

Criminal Law: Property OffencesCriminal

Topic overview Theft: appropriation Theft: property Theft: belonging to another Theft: dishonesty Theft: intention permanently to deprive Robbery Burglary with intent under section 9(1)(a)Burglary by theft or grievous bodily harm under section 9(1)(b)Buildings, dwellings and trespass in burglary

Criminal Law: Capacity DefencesCriminal

Topic overview Insanity: the M'Naghten rules Disease of the mind and the internal cause test The special verdict and disposal after insanity Non-insane automatism Self-induced automatism Voluntary intoxication by alcohol Intoxication by drugs and involuntary intoxication Specific and basic intent offences Drunken mistake and criticism of the capacity defences

Criminal Law: Necessity Defences and Preliminary OffencesCriminal

Topic overview Mistake as a defence Self-defence and the prevention of crime Reasonable force and householder cases Duress by threats and the Graham test Limits on duress: murder, association and evasive action Duress of circumstances Necessity Consent Attempt: the actus reus and more than merely preparatory Attempt: mens rea and impossible attempts

Human Rights: Rules and TheoryHuman rights

Topic overview The meaning of a right Rights, liberties and the correlative duty Natural law and the origins of human rights theory Utilitarian and positivist objections to natural rights Absolute, limited and qualified rights Categories of rights and their international sources The role of Parliament in regulating rights The role of the courts in regulating rights Human rights, justice and the rule of law

Human Rights: Protection of Rights and Freedoms in the UKHuman rights

Topic overview Protection of rights in the UK constitution before 1998 The Council of Europe and the history of the Convention The scope of the Convention and its Protocols The European Court of Human Rights: composition and application Doctrines developed by the Strasbourg court The main provisions of the Human Rights Act 1998 The impact of the Human Rights Act 1998 in the courts Criticisms of human rights and a UK Bill of Rights The Human Rights Act and the devolution settlements

Human Rights: Convention ProvisionsHuman rights

Topic overview Article 5 and the right to liberty and security of the person Article 5 exceptions, safeguards and restrictions Article 6 and the right to a fair trial Article 6 and the nature of an absolute right Article 8 and the right to respect for private and family life Article 8 exceptions, restrictions and positive obligations Article 10 and freedom of expression Article 10 exceptions and restrictions Article 11 and freedom of peaceful assembly and association

Human Rights: Restrictions on Convention RightsHuman rights

Topic overview How a qualified right may lawfully be restricted Freedom of assembly and public order law Police powers of stop and search Police powers of arrest and detention Search of premises, terrorism powers and remedies Interception of communications and surveillance Confidentiality, official secrets and contempt of court Obscenity and the control of publication Defamation, trespass and harassment

Human Rights: EnforcementHuman rights

Topic overview The Human Rights Act and the domestic courts Interpretation and Strasbourg case law Declarations of incompatibility Public authorities and claims under the Act Judicial review: the grounds Judicial review: procedure, standing and remedies The European Court of Human Rights The effect and enforcement of Strasbourg judgments

Human Rights: ReformHuman rights

Topic overview Criticisms of the Human Rights Act The case for keeping the Human Rights Act The case for a UK Bill of Rights The case against a UK Bill of Rights The United Kingdom and the Convention system The Equality and Human Rights Commission Protection beyond the Human Rights Act The future of rights protection

The Nature of Law

Topic overview Legal rules, other norms and the sources of law Law and society: fault and competing interests Law and morality Law and justice: theories of justice

Tort: Occupiers' Liability

Child visitors and the principle of allurement

3 things to know
Components 2 and 3

Overview

Section 2(3)(a) and the higher standard owed to the young, the allurement cases from Glasgow Corporation v Taylor to Jolley v Sutton, and how far Phipps v Rochester lets an occupier rely on a parent.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

What does section 2(3)(a) of the Occupiers' Liability Act 1957 say about children?

Key term

What is an allurement?

Key term

What did Glasgow Corporation v Taylor [1922] decide?

Questions from this subtopic

Each one with the model answer underneath.

1
What does section 2(3)(a) of the Occupiers' Liability Act 1957 say about children?
Model answer
Section 2(3)(a) requires an occupier to be prepared for children to be less careful than adults. Premises safe for an adult may not be safe for a child.
2
What is an allurement?
Model answer
An allurement is something on the premises that tempts a child into danger. An occupier who leaves an allurement must take extra care to guard it.
3
What did Glasgow Corporation v Taylor [1922] decide?
Model answer
A seven-year-old boy died after eating attractive poisonous berries growing in a public park. The House of Lords held the corporation liable, because the berries were an allurement to a child.
4
Why was the boat in Jolley v Sutton treated as an allurement?
Model answer
The abandoned boat invited children to play on it and to try to repair it. The council should have anticipated that children would meddle with the boat and be hurt.
5
What did Phipps v Rochester Corporation [1955] decide?
Model answer
A five-year-old fell into a trench on a building site while out with his seven-year-old sister. The court held the occupier not liable, because an occupier may expect a very young child to be supervised.
6
How far can an occupier rely on parental supervision?
Model answer
An occupier may assume that a prudent parent will not let a very young child roam alone in a dangerous place. The assumption is much weaker on premises designed for children.

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