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Addie v Dumbreck (1929)

Addie v Dumbreck (1929). Overruling Precedent. In Addie, the occupier of premises was only liable to a trespassing child who was injured by the occupier intentionally or recklessly.

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Addie v Dumbreck (1929)

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  1. Addie v Dumbreck (1929) Overruling Precedent In Addie, the occupier of premises was only liable to a trespassing child who was injured by the occupier intentionally or recklessly. Overruled using the Practice Statement 1966 in British Railway Board v Herrington (1972) where a 6 year old child got through a gap in a fence near the railway line. The board, as occupiers, were aware of previous trespasses but had failed to maintain the integrity of the fence. The House of Lords held that the occupier of the Railway premises owed a duty of ‘common humanity’ to the child due to changed social & physical conditions since 1929.

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