quora
Nobody downloaded yet

Changes Brought by Occupiers Liability Act to the Common Law - Essay Example

Comments (0) Cite this document
Summary
Occupiers Liability law refers to the liabilities that are owed to the visitors and trespassers of a premise or related property. This law imposes a duty of care on the owner of a property to the person who goes to the premise. …
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.6% of users find it useful
Changes Brought by Occupiers Liability Act to the Common Law
Read TextPreview

Extract of sample
"Changes Brought by Occupiers Liability Act to the Common Law"

Download file to see previous pages The common law of negligence initially applied in cases relating to those who suffered damages while in one’s premise. However, this was to the extent that the claimant proved that a duty of care was owed to him or her under the common law of negligence. However, the common law of negligence had inconsistencies owing to differences in court rulings under the similar set of facts. It also proved less relaxed in holding the owners of premises liable, often for lack of duty of care, more so to visitors and trespassers. These formed the foundation of a legislative intervention The Occupiers liability Acts being enacted. As of now, the law concerning such liability in the United Kingdoms is mostly found in the Occupiers Liability Act 1957 (regarding visitors) while that regarding the non-visitors is largely found Occupiers Liability Act 1984. In as much as the law to a large extent codified common law, the cases have to be relied upon in determining the meaning of “occupier” and the line between a “visitor” and a “trespasser” or a non visitor. According to the Occupiers Liability Act 1957 the occupier only owes a duty of care to the lawful visitors. This duty is similarly owed to the lawfully visitors either to or to on the premise. It is worth noting that the occupiers rather than the owners of the premise retain the liability to compensate the victims injured on the premises as a result of their dangerous state. Sufficient or effective degree of control is used to determine the occupation of the premise. For that reason, one must not necessarily need to be the actual owner of a premise for him or her to be considered the occupier. He may owe the duty if he exercises a substantial extent of control in which case he owes this duty to all lawful visitors with the only exceptions specified in the agreement. The Occupiers’ Liability Act 1984 does not imposes this duty of care on the occupier towards the visitors of the premises; rather it is towards the non visitors, essentially understood as a trespasser. A trespasser for that matter is anybody who goes into the land in another person’s possession intentionally without obtaining a lawful authorization. Taking an example of a theatre, any member of the public who happens to be admitted there is a visitor and the occupier of the theatre owes them a duty of care. The theatre ticket they are issued with serves a license which bears with it an agreement not to be revoked till the end of the performance. As such this is a sufficient authorization (Hurst v Picture Theatres Ltd (1915) 1 KB 1 CA). The extent of liability was traditionally based on whether or not one was a visitor. The question asked then is, who is a visitor? Generally speaking, at common law it was important to know the difference between licensees, invitees and the premise ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Changes Brought by Occupiers Liability Act to the Common Law Essay”, n.d.)
Retrieved from https://studentshare.org/law/1420288-changes-brought-by-occupiers-liability-act-to-the-common-law
(Changes Brought by Occupiers Liability Act to the Common Law Essay)
https://studentshare.org/law/1420288-changes-brought-by-occupiers-liability-act-to-the-common-law.
“Changes Brought by Occupiers Liability Act to the Common Law Essay”, n.d. https://studentshare.org/law/1420288-changes-brought-by-occupiers-liability-act-to-the-common-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Common Law Duty of Care and the Liability of Employers for References
That means an individual who in this case is an employee or a student of the University of Sussex is, owed a duty of care by the University in ensuring that he does not suffer any unreasonable harm or loss. When this duty is breached a lawful act can be taken to compensate the casualty.
4 Pages(1000 words)Essay
Outline and critically examine the procedural and substantive changes in the law on land registration brought about by the Land Registration Act 2002. Is land r
sserted the overriding purpose of the LRA 2002 being the implementation of a novel framework of land registration, which would in turn demonstrate a more complete and up to date state of title and that “unregistered land has had its day”2. To this end, it has been propounded
14 Pages(3500 words)Essay
Civil Legislation and the Law
A manufacturer needs to provide a degree of care, that an man of ordinary prudence need to have exercised under such circumstances. This is specially so, in cases of products
9 Pages(2250 words)Essay
What is academic misconduct
However, cheating in exams and class work comes as a deliberate act from the part of the students. There are cases when a student copies from the answer sheet of another student while they are taking the same test. Sometimes, they
5 Pages(1250 words)Essay
Tort assignment
et of specific statutory guidelines to supplant common law rules to regulate the liability of an occupier towards his invitees, licensees and contractual visitors. The most significant change in the act is that it imposes on an occupier of the premises a “common duty of
10 Pages(2500 words)Essay
The Law on Occupiers Liability
This is best explained in the following case of, Donoghue v Stevenson, 1932: whereby, a man bought a bottle of ginger-beer from a retail shop for his girlfriend. The manufacturer had bottled the substance in opaque bottle, so that its contents could not be seen.
18 Pages(4500 words)Essay
(business law) occupiers, liability ACT
A visitor is a person who is present on the premises, either lawfully or unlawfully. Unlawful visitors, who are known as trespassers, were
5 Pages(1250 words)Essay
Discuss in detail how a landlord can protect his rent flow during the property cycle Using UK law and Proactive Management
This paper looks at the various strategies that can be used to ensure that a landlord investments results in the continuous rental income. It is also important to not only increase the value of the underlying assets at different stages of
11 Pages(2750 words)Essay
What were the main changes brought about by the Constitutional Reform Act 2005 and why were these considered necessary
Senior judges have the powers and the capability of policing the constitutional boundaries, and determining sensitive issues that have to
12 Pages(3000 words)Essay
Project 2
However, this cannot be explored without putting in mind a systematic approach. First of all, a given topological structure must be initially subdivided into tiny cells. This is not done anyhow, but should be based on the specified topology, where the temperature
1 Pages(250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Essay on topic Changes Brought by Occupiers Liability Act to the Common Law for FREE!
logo footer
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • StudentShare App Store
  • StudentShare Google play
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • Miscellaneous
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us