Occupiers liabilty
- Created by: xantiharrod
- Created on: 05-06-18 09:22
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- Occupiers liability 1957 & 1984
- 1957
- Lawful visitors/ occupiers
- Person who controls the premises
- Defenses
- Contributory negligence
- S2.3
- considering whether the occupier has breached the common duty of carte
- S2.3
- Volenti
- S2.5
- No injury s done where claimant accepts risk
- S2.5
- Warnings
- S2.4
- if an occupier gives a visitor a sufficient warning of damage the occupier will not be liable
- S2.4
- Contributory negligence
- Defenses
- S2.1
- An occupier of the premises owes a common duty of care to visitors to those premises
- Person who controls the premises
- Lawful visitors/ occupiers
- 1984
- Tresspassers
- entering without permission
- does not cover damage to property only personal injury
- duty is only owed if the trespasser falls under certain requirements
- Tresspassers
- COMMON LAW UNTIL 1957
- Implied permission
- lowery v walker
- The police/fire brigade
- rights of way
- A person using a public right of way is not considered a visitor therefore doesn't owe a duty of care
- person exercising a call
- S2.3
- A occupier may expect that a person in the exercise of his causing will appreciate and guard against and special risks ordinary incident to it so far as the occupiers leaves him to do so
- S2.3
- Independent contractors
- S2.4
- Independent contractors will be found liable when there activities fall below the common duty of care, unless they take reasonable steps.
- S2.4
- 1957
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