- An occupier owes a trespasser no common duty of care.
- A trespasser injured in a persons premises has no actionable claim against the occupier.
- This question appear to be founded on the assumption that a trespasser has the same remedies as a visitor. The occupier may rely on the following defenses:
- Consented to the risk i.e. (volenti non fit injuria).
- The occupier had given adequate warning of the danger.
- Liability was excluded by the contract between the parties.
- The injury is a consequence of the faulty execution of a task by a competent independent contract and the occupier has satisfied himself that the contractor had discharged the same reasonably.
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