Who is a primary victim in nervous shock situation? She also accepted that the respondents had received letters from a Mr Johnson and Mr Salter, directors of a company which occupied a yard adjacent to the line, drawing their attention to dangers created by trespassers. They have medical diagnosis of a recognisable psychiatric illness. In particular, in a letter of 17 June 1971, Mr Salter described gangs of youths jumping aboard trains, and expressing concern that one or more of the youths would get seriously hurt. Must take care of lawful visitors What factors are taken into account when measuring whether a breach of duty has occurred? At our age, members of the Class of '48 have an abundance of free timeand Joyce Van Denburgh Doty, MFA '50, made excellent use of it with a detailed response to the Share Your News form.. Perhaps invigorated by the oxygen she uses (though she never smoked, she presumes she inhaled others'), she goes beyond her own TV watching of both old black-and-white shows and modern news to . 'He knew the joint intent was to ride the trains. His left leg was severed by the train, which did not stop, none of the train crew being aware that there had been an accident. B. In 1983 the British Government allowed the company to become a public limited company quoted on the London Stock Exchange. View Scott Barrett's profile on LinkedIn, the world's largest professional community. Where a visitor enters the premises under a right conferred by law (see s2(6)) it is argued that the common duty of care cannot be excluded because the visitor does not enter by virtue of any permission of the occupier, to which conditions of entry could be attached. You also get a useful overview of how the case was received. Scott v Associated British Ports (2000) Court held that the defendant did not owe a duty to the victim of the first accident because at the time, they were unaware that children were getting onto the land and playing on the railway. Court said he was a trespasser and through case out, so Scott retrained as a trespasser. . D. Less wasted movement of material and people. If the occupier knows that people are repeatedly visiting his land and he does nothing about it, permission may well be implied. Occupier's Liability - AQA A2 Law - Criminal and Tort - Memrise