Chapter 12 - Chapter 12: Other Torts Torts and Property Use...

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Unformatted text preview: Chapter 12: Other Torts Torts and Property Use Occupier: someone who has some degree of control over land or buildings on that land The main tort actions in relation to occupation of property relate to occupiers liability, nuisance, and trespass Occupiers Liability This describes the liability that occupiers have to anyone who enters onto their land or property This law varies by jurisdiction Liability at Common Law Each class (trespasser, licensee, invitee, or contractual entrant) is owed a different standard of care, with the trespasser being owed the lowest standard and the contractual entrant being owed the highest Contractual entrant: someone who has paid (contracted)for the right to enter the premises Ex: someone who has bought tickets to see a pottery exhibit The duty owed to this class is a warranty that the premises are as safe as reasonable care and skill on the part of anyone can make them Invitee: someone who comes onto the property to provide the occupier with a benefit The duty owed to this class is a warranty that the premises are as safe as reasonable care and skill Ex: store customers and delivery or service personnel The occupier owes a slightly lower standard of care compared to the contractual entrant They must warn the invitee of any unusual danger of which they know or ought to know there is no requirement to warn of unusual or common danger that ordinary reasonable persons can be expected to know Licensee: any person whose presence is not a benefit to the occupier but to which the occupier has no object Ex: anyone you allow to walk through the building, guests over for a special occasion General rule is that occupiers are responsible to licensees for any unusual danger of which they are aware or that they have reason to know about The latter part of the rule tends to blur the distinction b/w the duty owed an invitee and the duty owed a licensee Trespasser: someone who is not invited onto the property and whose presence is either unknown to the occupier or is objected by the occupier Ex: Burglar The occupier still owes some responsibility to a trespasser In particular, they will be liable for any act done with the deliberate intention of doing harm to the trespasser, or an act done with reckless disregard for the presence of the trespasser Liability under Occupiers Liability Legislation One objective of the legislation is to simplify the common law Legislative purpose was to replace the somewhat obtuse common law of occupiers liability by a generalized duty of care based on the neighbour principle The Tort of Nuisance This tort addresses conflicts b/w neighbours stemming from land use I t concerns intentional or unintentional actions taken on one neighbours land that cause harm of some sort on anothers Ex: noise from a steel fabricators 800 ton press seriously interrupts the...
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This note was uploaded on 01/09/2011 for the course AFM AFM 231 taught by Professor Darrencharters during the Spring '10 term at Waterloo.

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Chapter 12 - Chapter 12: Other Torts Torts and Property Use...

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