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Slide 1

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Tort Law Revision
6. Occupier's Liability…read more

Slide 2

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· Occupiers have an obligation to ensure that their land
is not hazardous to others.
· Occupier generally liable if has not taken reasonable
care to ensure that people coming onto premises are
reasonably safe for purposes of which they are on
· This obligation is governed by statute law ­ the
Occupier's Liability Act 1957 was introduced to clarify
the common law position. Supplemented by OLA 1984
which covers injuries caused to trespassers.
· All occupiers have a duty to ensure you are not injured
on their land and your property is not damaged.…read more

Slide 3

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What is the appropriate legislation?
· Occupiers' Liability Act 1957: visitors
· Occupiers' Liability Act 1984: others
­ Extra hurdles needed
­ Difference in approach of how warnings used
· Common law was complex in how dealing
with claimants…read more

Slide 4

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Occupiers liability act 1957
· Prior to this statute, the extent of liability owed by an
occupier depended upon the nature of the
relationship with the person injured.
· OLA 1957 abolished this in favour of two categories:
­ Lawful visitors, who were protected by act
­ All others, who were not protected (most now protected
by OLA 1984)
· OLA 1957 s.1(1) ­ purpose of act is to `regulate the
duty which an occupier of premises owes to his
visitors in respect of dangers due to the state of the
premises or to things done or omitted to be done on
them'.…read more

Slide 5

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To whom is the duty of care owed?
· A visitor is "an invitee" or "licensee" at common law before
the Act was passed s.1(2)
­ Invitee - Invited onto land ­ common interest ­ e.g. customer
going into shop
­ Licensee ­ somebody who has permission to go onto land, has
been invited, e.g. invited to friend's for dinner or go into
· Contractual entrants. S.5 ­ e.g. plumber fixing tap or ticket
to attend sporting event
· Persons entering by authority of law Section 2(6) ­ legal
right to be there ­ e.g. postman has statutory duty to enter
land to deliver mail / police have powers to be on land
· S.1(1)…read more

Slide 6

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What is the duty owed under the OLA
· s.2(2) The common duty of care is a duty to
take care as in all the circumstances of the
case is reasonable to see that the visitor will
be reasonably safe in using the premises for
the purposes for which he is invited.…read more

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