Friday 15 April 2011

8 - Torts Concerning Land: Occupiers Liability and Premises

Source: Unlocking Torts

Following is the summary of this chapter:

1) Occupiers Liability is covered under two Act: (a) Occupiers Liability Act 1957 in case of lawful visitors and (b) Occupiers Liability Act 1984 in case of other than lawful visitors

2) Occupiers Liability Act 1957 - (a) Common duty of care owed to all lawful visitors / licensees - reasonable man test applicable, extra duty towards children (b) No liability is the work is entrusted to a reputable contractor; can avoid liability by erecting appropriate warnings, exclusions, etc; defences of consent and contributory negligence apply

3) Occupiers Liability Act 1984 - (a) Duty of common humanity (limited duty to trespasser) (b) Inroduced to mitigate the harshness of common law towards the tresspassers

4) Defective Premises Act 1972 - applicable when the landlord continues to retail the repair obligation

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