单词 | Trespasser |
释义 | 侵入者 A person who goes on the land without invitation of any sort and whose presence is either unknown to the proprietor or, if known, is practically objected to: Robert Addie & Sons (Collieries) Ltd v Dumbreck [1929] AC 358 (HL). A trespasser is not a ‘visitor’. A person who enters a place lawfully for one purpose becomes a trespasser when he does something outside that purpose: Hillen v ICI (Alkali) Ltd [1936] AC 65; Occupiers Liability Ordinance (Cap 314) s 3(2). An occupier owes a duty to a trespasser if he knows of the trespasser’s presence or if he knows of facts which would have led a reasonable man to conclude that such presence is likely: British Railways Board v Herrington [1972] AC 877, 1 All ER 749 (HL). No duty is owed to other trespassers. The occupier is entitled to neglect a bare possibility that trespassers may come to a particular place on his land but is bound to give consideration to the matter when he knows facts which show a substantial chance that they may come here: Southern Portland Cement Ltd v Cooper [1974] AC 623, 1 All ER 87 (PC). See also Occupier’s liability; Trespass. |
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