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After leaving the pub for a drink at midnight Peter rushed to the toilet located at the rear of a neighboring premises. He had to

After leaving the pub for a drink at midnight Peter rushed to the toilet located at the rear of a neighboring premises. He had to climb a 1.5 m high fence to get to the toilet which was disused. When he attempted to flush the toilet in the dark the overhead concrete cistern fell on him and knocked him unconscious.
why Peter didnt owed a duty of care?

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