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Essay / Research Paper Abstract
This 10 page considers the duty of care in different instances including the duty of a land occupier and an employer. Three cases are considered, the first looks at a child trespasser that is injured on railway property, the second looks at a secretary with repetitive strain injury and the third considers a death that occurs as the result of a cable snapping on lifting equipment. The situations are each considered using relevant statutes and case law. The paper is written with reference to English Law. The bibliography cites 4 sources.
Page Count:
10 pages (~225 words per page)
File: TS14_TEtrespa.rtf
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Unformatted sample text from the term paper:
Pervez is a even year old boy, he has been injured on Non-Arriva land when playing around on some freight wagons. We are told that the freight wagons have been
repaired so we will assumed that they are in a safe condition. When the wagons jerked forward he fell and has broken his arm and leg. It is known that
children break into the area to play among the railways wagons. This is a tort action as it looks at the result of harm occurring to a
child as the result of a trespass. The responsibility of land occupier is laid down in the Occupiers Liability Act 1984 (Lexis, 2003). The general rule is that there needs
to be reasonable steps taken by an occupier to prevent any harm occurring to trespassers as a result of dangers that are reasonably foreseeable (Lexis, 2003). The Act outlines
what are seen as the measures, these include things that have been done to the land as well as measures that have not been taken, and therefore a potential liability
may occur due to a positive act or an omitted act or measure. The liability maybe seen to occur if there is a danger that the land occupier is aware
of, or may have reasonable ground to believe of the existence of the danger (Lexis, 2003). Knows or believes others are in the vicinity, or may enter into the
vicinity, of the danger, and it would be reasonable to expect them to take some measures to protect trespassers from the danger (Lexis, 2003). The duty may be satisfied with
measures that warn and seek to prevent or discourage the risk being taken. There are several facts that need to be considered here in relation to the case. This
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