(business law) occupiers, liability ACT Essay Example | Topics and Well Written Essays - 1250 words

(business law) occupiers, liability ACT - Essay Example The liability of an occupier was first spelt out in the case of Stevenson v Glasgow Corporation*3 where Lord M’Laren explained that â€Å"precautions which have been rejected by common sense as unnecessary and inconvenient are not required by law.† This position was recently cited by Lord Hutton in the case of Tomlinson v Congleton Borough Council*4 where the defendants were not held liable for Tomlison’s injuries, because the injury had come about due to Tomlinson’s choice to undertake a dangerous activity rather than because the premises were dangerous. In the case of Robert Addie and Sons v Dumbreck*5 Lord Hailsham limited the liability of occupiers, especially towards trespassers, when he stated that an occupier would be liable only â€Å"where the injury [was] due to some willful act involving something more than the absence of reasonable care† or when the occupier had demonstrated a â€Å"reckless disregard of the trespasser’s presence .† In the instant case, a child died but the defendant was not held to be liable because the child had received sufficient warning about the dangers on the property. However, subsequent cases have refined the harsh, blanket standard that was applied towards trespassers in general, reducing Occupier liability to an extent where it was negligible. When the claimant for injury is a child, Occupier liability increases in view of a child’s lack of appreciation for danger and their â€Å"ingenuity in finding unexpected ways of doing mischief to themselves should never be underestimated†, as stated by Lord Hoffman*6. The House of Lords ruled against the occupier in the case of Jolley because occupier knew that the boat the victim was repairing was dangerous but did not bother to warn the child. In fact, Section 2 (3) (a) of the Occupier Liability Act specifies that â€Å"an occupier must be prepared for children to be less

Criminal Procedure (Assignment 1) Assignment Example | Topics and Well Written Essays - 250 words

Criminal Procedure ( 1) - Assignment Example In general, then, due process affords a person with the right to a notice before trial, a right to an impartial trial and an impartial jury, a right to be heard in defense, and the taking of property and taxes, with prior notice, only for public purposes (Mount, 2010). In the case of Brown v. Mississippi, the fourteenth amendment due process rights were the basis for the court’s ruling in favor of the defendants (Justia, 2011). It was then established that testimony or evidence procured solely by means of violence and torture by the police cannot be considered valid, and is in violation of the due process rights of the fourteenth amendment (Justia, 2011). In Powell v. Alabama, the right to a counsel was discussed in relation to the accused, and it was established that the accused has the right to a counsel with sufficient time for advice and preparation, in accordance with the sixth amendment, which is in especial respect to the Federal courts, and the rights laid down in the fourteenth amendment (Justia,