Critical Analysis Of The Legal And Social Background

Academic Anxiety?

Get an original paper within hours and nail the task

156 experts online

Free Samples

Critical Analysis Of The Legal And Social Background

.cms-body-content table{width:100%!important;} #subhidecontent{ position: relative;
overflow-x: auto;
width: 100%;}

Critical Analysis Of The Legal And Social Background

59 Downloads8 Pages / 1,809 Words

Question 1:
Read the full judgments in the following cases:
Tomlinson v Congleton Borough Council [2003J UKHL 47
Keown v Coventry Health care NHS Trust [2006J All ER (D) 27
Using these judgments, present a critical analysis of tbe legaf and social background which has led to the current understanding of what ~will constitute a breach of the Occupier’s Liability Act 1984.
Answer 1:

Critical analysis of Tomlinson v Congleton Borough Council [2003J UKHL-47:
In the case stated above, Mr. Tomlinson had sued the Congleton Borough Council along with the Cheshire County Council due to the fact that they were the occupiers of the part and were therefore, held under the breach of the responsibilities and duties in accordance with the Occupiers Liability Acts of 1957 and 1984.
It was quite difficult to suggest as to who was the occupier of the park from amongst the 2. Whereas Borough council is the one that owns the park, there is no denying in the fact that the park is also maintained by the Countryside Management Service of the County Council. The Borough council is the one that provides the funds to the Countryside Management Service so that they could look after the park and maintain the same. It is the country that employs the rangers that look after it.
But both or one of the councils agreed that they were the occupiers.
Till the time, it is necessary to distinguish between the county council and the borough council, it would be fair to say that they both of them must be regarded as the council.
(, 2015)
(, 2015)
In the stated case, the House of Lords had held that the council was not liable.
As per the section 1(1) a of the Occupiers Liability Act, 1984, there was no risk that had risen from the state of the premises, rather the risk that arose was from the own action of the claimant. He was the one who was in the full capacity and who had voluntarily and without any pressure or inducement had engaged in the activity of an inherent risk.
But even if there existed a risk from the state of the premises, the risk was not the one that was gains the council that will reasonably be expected to offer some protection to the claimant under the section 1(3) c of the Act.
When the House of Lords had reached this decision, they had looked at the position if he had not been a trespasser and had also applied the common duty of care under the Occupiers Liability Act, 1957. The lord believed that there could be nothing that could have been done to warn or take any sort of steps so as to prevent the claimant from diving since the dangers were the ones that were obvious. This was based upon the principle of free will. Further, it will hold to deny the social benefit to the majority of the users from using the park and the lakes in the safe and in the responsible manner. In such a situation, this will mean to open up the country to litigation. The lord further believed that such cases were prominent nationwide even when there were safety measures that were being installed. About 25 t 30 of such of the incidents take place each and every year despite of the safety measures being in place.
(, 2015)
It was being said that the Appellant Committee of the House of Lords had used this judgment as the compensation for the brand Britain’s growing US style claim as an evil that interfered with the civil liberties and the freedom of will.
(Edwardes, 2003)
Critical analysis of Keown v Coventry Health care NHS Trust [2006J All E-27:
As per section 1(1)a of the Occupiers Liability Act, 1984, trespasser, whether there is a danger to the state of the premises, whether there is a danger to the activity on the premises by the claimant and whether the occupier is liable for the breach duty to the trespasser.
In the given case, the claimant was of the age of 12 years had fallen when he was climbing up the fire escape. It was held that the defendant was not liable under section 1(1)a of the Act due to the injuries that he had received. The fire escape was not in itself dangerous. The danger was due to the activity of the claimant on the premises and was not due to the state of the premises.
(, 2015)
The claimant had dived into the lake and was badly injured. The council had argued that it was guilty nor it was liable for any claim since the claimant was the trespasser.
It was held that the risk of injury arose not from the state of the premises of the defendant but from the things that were being done or omitted and the main reason for the injury arose from the misjudgement of the claimant since he undertook the decision of diving into the water that was too shallow. The Lord held this was the sole responsibility of the claimant and the defendant could not be held in respect of the same. The dangers that existed were sign posted and therefore, the Act was not applicable.
The Act of 1984 that has the difference between the person who had gained an entry into the property lawfully but became the trespasser when he gained the entry illegally and the person who was a trespasser. The Act specifies that there must be no difference the 2 and so there must be no difference between the judgements as well.
The lord had said that there was no need for any kind of voluntary assumption with regard to the risk so as to answer the following claim:
It was quite are for an occupier of the land to be under the duty so as to prevent the people from taking the risks that were inherent under the activities that they undertook freely since it was due to their free will. In case, the people want to climb up the mountains and go for hand gliding or swim or dive in ponds or the lakes, then it is their decision. They may be sole responsible for their decisions. The person may even think that they are in grave danger or inconvenience for themselves.
The person owning the property could also take a paternalistic view and prefer the people not to undertake the activities of risk on his land, he could impose restrictions but the law does not require him to do so. The lord had said that the most important question was the freedom at stake. He stated that it was very unjust to that the harmless recreation of responsible parents and children with buckets and spades on the beaches should be prohibited in order to comply with what is thought to be a legal duty to safeguard irresponsible visitors against dangers which are perfectly obvious. The fact that the people take no notice of the warnings must not create the duty of the other steps in order to protect them. It was very difficult to express the disagreement with the proposition of Sedley LJ wherein he stated that the risk was very obvious that the occupier had safely assumed that nobody will take the final responsibility. The duty to protect the assumed risks or the self-inflicted harm could exist in the cases where there was no genuine and informed choice as were in the case of the employees that work requires them to take the risk or lack some capacity, such as the inability of the children to recognise the danger as was stated in the case law:
(Herrington v British Railways Board [1972] AC 877) or the despair of the prisoners that led them to inflict the injury on themselves: Reeves v Commissioner of the Police of the Metropolis [2000] 1 AC 360.
(, 2015)
Question 2:
With reference to decided casesexamine and evaluate’ ttfe extent to which a duty of ‘common humanity’ should be owed to a trespasser and th~ circumstances in which this duty can be legitimately discharged under s.1(5) & (6);Occupiers’ Liability Act 1984.

Answer 2:

Sections 1(5) and 1) (6) of the Act:
Section 1(5) of the Act, any duty that is owed by the virtue of the section could be discharged by taking the steps that are reasonable in the circumstances that give the warning of the danger concerned or to discourage the person from incurring the risk.
Section 1(6) of the Act, any duty by the person in respect of the risks that are willingly accepted as being his or by that person.
(, 2015)
A trespasser is a person who come onto the property of another person without any permission and stays on the property even when the occupier asks him to leave. The occupiers in such cases owe the duty of care to the trespasser but they are also assumed to have the duties that are high as are with the other categories of the visitor’s. The usual guidelines are of the common humanity. There is always a question that varies with each case. It is very clear that the curator who is entrusted with the responsibility of protecting the blunderbuss is connected to the trip is exceeding the duty of the common humanity but there are examples that are sometimes difficult to judge. The common humanity is very variable but the courts believe in the fact that where children are involved, they must be protected. In the cases where the children are involved, the courts do not find it in their favour just because of their sentimentality. The mere fact that the warnings are for the adults lure the children in.
References:, ‘Tomlinson V. Congleton Borough Council & Ors [2003] UKHL 47 (31 July 2003)’ (2015) accessed 20 January 2015
Edwardes C, ‘End This Compensation Nightmare, Say Judges – Telegraph’ (, 2003) accessed 20 January 2015, ‘Tomlinson V Congleton Borough Council’ (2015) accessed 20 January 2015, ‘Occupiers Liability Act 1984’ (2015) accessed 20 January 2015, ‘Keown V Coventry Healthcare NHS Trust | Lexisweb’ (2015) accessed 20 January 2015, ‘House Of Lords – Tomlinson (FC) (Original Respondent And Cross-Appellant) V. Congleton Borough Council And Others (Original Appellants And Cross-Respondents)’ (2015) accessed 20 January 2015, ‘Tomlinson -V- Congleton Borough Council And Others; HL 31-Jul-2003 | Swarb.Co.Uk’ (2015) accessed 20 January 2015, ‘The Duty Of Care To Public’ (2015) accessed 20 January 2015.

Free Membership to World’s Largest Sample Bank

To View this & another 50000+ free samples. Please put
your valid email id.


Yes, alert me for offers and important updates


Download Sample Now

Earn back the money you have spent on the downloaded sample by uploading a unique assignment/study material/research material you have. After we assess the authenticity of the uploaded content, you will get 100% money back in your wallet within 7 days.

UploadUnique Document

DocumentUnder Evaluation

Get Moneyinto Your Wallet

Total 8 pages


*The content must not be available online or in our existing Database to qualify as

Cite This Work
To export a reference to this article please select a referencing stye below:


My Assignment Help. (2015). Critical Analysis Of The Legal And Social Background . Retrieved from

“Critical Analysis Of The Legal And Social Background .” My Assignment Help, 2015,

My Assignment Help (2015) Critical Analysis Of The Legal And Social Background [Online]. Available from:[Accessed 19 December 2021].

My Assignment Help. ‘Critical Analysis Of The Legal And Social Background ‘ (My Assignment Help, 2015) accessed 19 December 2021.

My Assignment Help. Critical Analysis Of The Legal And Social Background [Internet]. My Assignment Help. 2015 [cited 19 December 2021]. Available from:

.close{position: absolute;right: 5px;z-index: 999;opacity: 1;color: #ff8b00;}


Thank you for your interest
The respective sample has been mail to your register email id


$20 Credited
successfully in your wallet.
* $5 to be used on order value more than $50. Valid for
only 1

Account created successfully!
We have sent login details on your registered email.



At, we are committed to deliver quality assignment assistance in the fastest way possible. To make our service delivery fast, we have hired subject matter experts to work on different subject specific assignments. We have hired experts who owe in-depth knowledge in their respective subjects. As per their expertise, they provide geography assignment help, Physics assignment help, Strategic assignment help, history assignment help, art architecture assignment help and assistance with other subjects as well.

Latest Business Law Samples

div#loaddata .card img {max-width: 100%;

BU1112 Business Law
Download :
0 | Pages :

Course Code: BU1112
University: James Cook University is not sponsored or endorsed by this college or university

Country: Australia

Part A
Whether Stella is considered as an employee of PRX?
The main difference between employee and independent contractor is stated below:
Employee entered into contract of service, but contractor entered into contract for services.
Employer exercise control over the employee but no control was exercised by employer on contractor. It is considered as traditional test which was developed in Zuijs v Wirth Bros(Zuijs…
Australia South Lake Management health finance management  University of New South Wales 

BSBWHS605 Develop Implement And Maintain WHS Management Systems
Download :
0 | Pages :

Course Code: BSBWHS605
University: Swinburne University Of Technology is not sponsored or endorsed by this college or university

Country: Australia

Work Health and Safety Management System (WHSMS) is a collection of plans, tools, activities and processes. List 3 of these plans, tools, activities or processes and explain what they are,
The means, nitty gritty beneath, can be utilized whether the arranging procedure is straightforward or complex. They are:
Evaluating the current word related to wellbeing and security status including the ‘administration framework’ Lussier, R. N…
Australia Brisbane Management Work Health and Safety Management System (WHSMS University of Brisbane MBA 

BUSN331 Business Law
Download :
0 | Pages :

Course Code: BUSN331
University: Centennial College is not sponsored or endorsed by this college or university

Country: Canada

In Alberta, the Residential Tenancies Act applies to all the people in this jurisdiction, who rent their space out (Alberta Queen’s Printer, 2016). Through this act, the rights and responsibilities of the landlords and tenants are brought forward (Landlord and Tenant, 2015).
Question 1
Before a tenant can move in the rented accommodation, the tenant and the landlord have to reach an agreement, with regards to the…
Australia Edmonton Humanities Management University of New South Wales Masters in Business Administration 

LA1040 Contract Law
Download :
0 | Pages :

Course Code: LA1040
University: University Of London is not sponsored or endorsed by this college or university

Country: United Kingdom

A contract is an agreement between the parties which is enforceable legally in the courts. There are several provisions of law which governs how the terms related to the contract would operate. A contract consists of a set of provisions which are known as contractual terms. The weightage of such terms are not equal as one term may have a more significant consequence as compared to the other in relation to their brea…
United Kingdom London Economics Management University of London 

TLAW202 Corporations Law
Download :
0 | Pages :

Course Code: TLAW202
University: Top Education Institute is not sponsored or endorsed by this college or university

Country: Australia

If any person wants to carry out his business in the form of a company, then, it is necessary that the registration or incorporation requirements of such country must be met. In Australia, the Corporation Act 2001 and the guidelines laid down by ASIC provides with the steps that must be accomplish in order to establish a corporate entity.  (Malbon & Bishop, 2006).
A company is of great significance as it is treated as a …


Need an essay written specifically to meet your requirements?

Choose skilled experts on your subject and get an original paper within your deadline

156 experts online

Your time is important. Let us write you an essay from scratch

Tips and Tricks from our Blog