Facts
- A farmer knew that people were trespassing on his land, using it as a shortcut
- He wished not to take legal action, as some of the trespassers were his customers
- He placed a vicious horse on his land, which injured the claimant
Issue
- Could the farmer be held liable to a trespasser in this situation?
Decision
- Yes
Reasoning
- A licence was said to have been granted to the claimant through repeated trespass