AU
Harvard system
Question 1
Very little justification exists for the tort of Occupiers’ Liability to treat trespassers
differently to visitors.
Critically analyse the statement above with reference to the approach of the courts to
Occupiers’ Liability. In your answer, focus on the judgments in the following cases. You
should also make reference to any other relevant cases and legal sources which support
your arguments:
• Ratcliff v McConnell [1999] 1 WLR 670
• Donoghue v Folkstone Properties Ltd [2003] EWCA Civ 231, [2003] QB 1008
• Tomlinson v Congleton Borough Council [2003] UKHL 47; [2004] 1 AC 46; [2003] 3
WLR 705 (HL)
→ 2800 words
Question 2
A defence may be available for a defendant as a result of the claimant’s behaviour in an
action for trespass to the person involving battery. Critically discuss this statement with
reference to the defences outlined below:
• Consent
• Necessity
• Self-defence
Please answer by giving reference to relevant case law.
→ 1200 words
