chap 8 law of Torts - LAW OF TORTS Lecture 8B -OCCUPIERS’...

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LAW OF TORTS 1 Lecture 8B - OCCUPIERS’ LIABILITY
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Definitions: “Occupier” n “occupier” is someone who has: Occupier’s Liability 2 An “occupier” is someone who has: • Physical possession of a property • Control over the activities on a property • Access to the property
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THE 1957 ACT LATER 1984 s Replaces the common law s Consolidates the law s Imposes duties of care on occupiers s Deals with duties owed by contractors 3 s Covers liability for injuries arising out of the state of premises or things done or omitted to be done on them s Does not cover duties to trespassers s “An occupier of premises owes the same duty, the common duty of care, to all his visitors, except in so far as he is free to and does extend, restrict, modify or exclude his duty to any visitor or visitors by agreement or otherwise”
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Occupier’s Liability s The law of occupier’s liability is concerned with the duty of care owed by occupiers of premises or land toward visitors, whether invited or uninvited, who 4 suffer either personal injury or property damage during the course of their visits. s An ‘occupier’ is the person (not necessarily the owner) who has control over the premises (Pg 128)
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“THE COMMON DUTY OF CARE” “Duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will 5 be reasonably safe in using the premises for the purposes for which he is invited or permitted to be there”
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s People lawfully on premises s People “invited or permitted to be on
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This note was uploaded on 02/07/2010 for the course LAW 1 taught by Professor Ha during the Spring '10 term at Abraham Baldwin Agricultural College.

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chap 8 law of Torts - LAW OF TORTS Lecture 8B -OCCUPIERS’...

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