POL-Oct22

POL-Oct22 - Read: Essay and 1st case of Contract Law...

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Read: Essay and 1 st case of Contract Law Occupier of lands- have obligations to people who come on to their property, they are liable. Called “occupiers liability” Trespasser- Occupier owes lowest duty of care to the trespasser; can not deliberately injure a trespasser. One exception: if you own a swimming pool, you owe a duty of care to anyone in your pool (thus you must have a fence and other precautionary measures). Trespassers assume all risks, except for traps or devices that might injure you, which the occupier must inform you of. If the occupier does nothing about frequent trespassing over time, you have “assumed consent” Licensee- On the land for the benefit of the occupie. Owe the same duty of care to invitee as licensee Invitee- Customers of a business, highest duty of care owed to the invitee Case Study: Jordan House Ltd. Vs. Menow and Honsberger -Menow a frequent patron of the bar, told he was not allowed there unless he was there with someone responsible -Annoys other patrons, was removed. He got a ride part of the way home, but he was let out on an intersection on the highway, where a car hit him. He sues the hotel bar where he was served for negligence for tossing him out when he was drunk -Liquor License Act tells us the bar can ask him to leave, as long as he is uninjured when you eject him; you can not endanger him -Duty of care to look after people that leave your establishment; duty to not harm him. He is an invitee -1-144: Where any person sells liquor to a person that would become increasingly intoxicated that he
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This note was uploaded on 04/04/2009 for the course PHIL 2821 taught by Professor Klimchuk during the Spring '09 term at UWO.

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POL-Oct22 - Read: Essay and 1st case of Contract Law...

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