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Tort: Occupiers' Liability

Child visitors

  • 3 things to know
  • AS Unit 2

Overview

Practical effect of that provision, facts of Glasgow Corporation v Taylor and facts of Phipps v Rochester Corporation.

What you need to know

Answer each one before you reveal it.

Your recallNot started
Key term

Explain how the duty owed to a child visitor is judged, and what the occupier may assume.

Numbers

Which case established the principle of allurement?

Key term

What were the facts of Glasgow Corporation v Taylor?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What does section 2(3)(a) of the 1957 Act provide about children?

    Model answer

    That an occupier must be prepared for children to be less careful than adults.

  2. 2

    What is the practical effect of that provision?

    Model answer

    The standard of care owed to a child visitor is higher, because a danger that would be obvious to an adult may not be to a child.

  3. 3

    What is an allurement?

    Model answer

    Something on the premises attractive to a child which draws them into danger.

  4. 4

    Which case established the principle of allurement?

    Model answer

    Glasgow Corporation v Taylor (1922).

  5. 5

    What were the facts of Glasgow Corporation v Taylor?

    Model answer

    A child ate poisonous berries from a shrub in a public park; the berries were held to be an allurement to a child.

  6. 6

    What did Phipps v Rochester Corporation (1955) decide?

    Model answer

    That an occupier may assume that very young children will be accompanied by a responsible adult, so the duty is judged with that in mind.

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Law Making in Wales and the UK
Delegated Legislation
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AThe defendant owed the victim a duty of care and breached it.
BThe breach carried a reasonably foreseeable risk of death.
CThe breach caused the death.

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Pecuniary loss is financial and measurable.
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