16th Jul 2019 Boardman had concerns about the state of Lexter & Harris’ accounts and thought that, in order to protect the trust, a majority shareholding was required. In the case of Phipps v Rochester Corporation (1955) (decided before the Act) a boy aged five and his sister aged seven walked across a large open space which was being developed by the defendant. It is also important to note that the court found that fencing the entire trench was impractical. Jolley v London Borough of Sutton - Allurement - Occupier should prevent any 'allurement' or attraction The occupier is obligated to warn only of dangers that are not obvious, and in the course of the visit the occupier need not have regards to the subjective charateristics of the claimant and ascertain what they are likely to do more than others, by extension the occupier does not need to have regards to the extent of the visitor's supervision of their children. 5 minutes know interesting legal matters Phipps v Rochester Corporation [1955] 1 QB 450 QBD (UK Caselaw) Phipps v Rochester Corporation: Occupiers liability and young children. There was a claim brought on behalf of the boy claiming for damages for the injury he sustained. Phipps v Pears [1965] Phipps v Rochester Corp [1955] Photo Productions v Securicor [1980] Pilcher v Rawlings (1872) Pinnel’s Case [1602] Pitt v PHH Asset Management [1994] Pitts v Hunt [1991] PJ Pipe and Valve Co v Audco India [2005] Platt v Crouch [2003] Polonski v Lloyds Bank Mortgages [1998] Porntip Stallion v Albert Stallion Holdings [2009] Free resources to assist you with your legal studies! The responsibility rested primarily on the parents. A similar protection for child entrants/trespassers can be found in Section 2(3) of the English Occupiers Liability Act 1957. Phipps v Rochester Corporation [1955] 1 QB 450 Case summary . The father of a seven-year-old boy sued the Glasgow Corporation for damages following the death of his son who died as a result of eating berries from a poisonous plant that was growing in the Botanic Gardens in Glasgow. The land was owned by the defendant company who were building houses on that land. The developers had dug a deep trench for the purposes of sewage for the houses and the boy, aged five, fell in and broke his leg. Two children passed across grassland which was part of a building site located on a housing estate that was in the process of being developed by the defendants. To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! Phipps v Rochester Corporation [1955] 1 QB 450 (Westlaw) ACTION. The decision was affirmed by the case of Bourne Leisure v Marsden. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. The expert can be taken to know and safeguard themselves against any dangers that arise from the premises in relation to the calling of the expert. Learn liability tort occupier's with free interactive flashcards. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. 1117, concerning chimney sweeps' inability to claim compensation for a dangerous work environment Wheat v E Lacon & Co Ltd 1 All ER 582, concerning the definition of "occupier" Bourne Leisure Ltd v … In the case of Phipps v Rochester Corporation 1 QB 450 Justice Devlin created the Prudent Parent Test, which is well demonstrated in: Simkiss v Rhondda BC 81 LGR 460 Two little girls were sliding down the side of a mountain on a blanket. Phipps v Rochester Corporation [1955] 1 QB 450) Jolley v Sutton London Borough Council [2001] 1 WLR 1082. Company Registration No: 4964706. Add to My Bookmarks Export citation. Children, as a class of stakeholder, were impliedly licenced to play on grasslands. Importantly, there was no evidence that the children went to the site unaccompanied. The court considered the trench to hold danger that children would not have foreseen. Areas of applicable law: Tort law – Occupiers liablility – Duty of care Main arguments in this case: Do occupiers owe same level of duty of care to every visitors… Read more » Reference this Tort law – Negligence – Causation. Facts. Facts. All that was required of the occupier is to warn the parents of the non obvious dangers. Phipps v Rochester Corporation 1 QB 450 Roles v Nathan 1 W.L.R. Glasgow Corporation v Taylor [1922] 1 AC 44. Glasgow Corporation v Taylor [1922] 1 AC 44. Take a look at some weird laws from around the world! VAT Registration No: 842417633. Phipps v Rochester Corporation 1 QB 450, a decision by the High Court regarding occupiers' liability, and doctrine of allurement. The plaintiff, a boy of five, accompanied only by his seven-year-old sister, fell into an open trench and broke his leg. 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