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Phipps v Rochester

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Phipps v Rochester Corporation [1955] 1 QB 450, a decision by the High Court regarding occupiers' liability , and doctrine of allurement. The decision was affirmed by the case of Bourne Leisure v Marsden.

Facts:Edit

A child a playing around on grassland without any parental supervision, subsequently fell into trench dug by Rochester Corp for the purpose of laying down sewers. The child suvived the fall but was injured.

Judgment:Edit

Devlin J held that the child was an implied licensee, but the trench was not an allurement. The occupier is obligated to warn only of dangers that are not obvious, and in the course of the visit the occupier need not have regards to the subjective charateristics of the claimant and ascertain what they are likely to do more than others, by extension the occupier does not need to have regards to the extent of the visitor's supervision of their children. All that was required of the occupier is to warn the parents of the non obvious dangers.

It is also important to note that the court found that fencing the entire trench was impractical.

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