Occupiers liability 1957

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1)What is an Occupier

A person's occupation or control of premises

2) Whose is a lawful visitor?

  • All invitees ( friends on a social call, people invited on land for a purpose)
  • Licenses ( customers)
  • Those entering under contractual duty
  • Those not requring permission to enter becuase of legal reasons ( meter readers, police officers)
  • Implied permission ( delivery men, fire brigade)

3) What are premises?

" A fixed or moveable structure"

  • Includes any vessel, veichle and aircraft

4) What level of duty is owed?

Section 2(2) " to take such care as is reasonable in the circumstances..is reasonable to see that the visitor will be reasonably safe in used the premises for the purpose for which he is invited to be there".

Reasonable man " Occupuer is obliged to protect the premises against the foreseeable.

Duty of the 1957 Act only applies if the visitor is carrying out activities that are authorised within the terms of the visit.

5) Breach + Risk factors

  • Was the damage, loss or harm reasonably foreseeable?
  • Was there sufficent proximity of relationship between both…

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