Occupiers liabilty

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  • Occupiers liability 1957 & 1984
    • 1957
      • Lawful visitors/ occupiers
        • Person who controls the premises
          • Defenses
            • Contributory negligence
              • S2.3
                • considering whether the occupier has breached the common duty of carte
            • Volenti
              • S2.5
                • No injury s done where claimant accepts risk
            • Warnings
              • S2.4
                • if an occupier gives a visitor a sufficient warning of damage the occupier will not be liable
        • S2.1
          • An occupier of the premises owes a common duty of care to visitors to those premises
    • 1984
      • Tresspassers
        • entering without permission
        • does not cover damage to property only personal injury
      • duty is only owed if the trespasser falls under certain requirements
    • COMMON LAW UNTIL 1957
    • Implied permission
      • lowery v walker
      • The police/fire brigade
    • rights of way
      • A person using a public right of way is not considered a visitor therefore doesn't owe a duty of care
    • person exercising a call
      • S2.3
        • A occupier may expect that a person in the exercise of his causing will appreciate and guard against and special risks ordinary incident to it so far as the occupiers leaves him to do so
    • Independent contractors
      • S2.4
        • Independent contractors will be found liable when there activities fall below the common duty of care, unless they take reasonable steps.

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