The Law on Occupiers Liability - Essay Example

Download file to see previous pages The girl was ill in consequence and sued the manufacturer for damage in tort. It was held the defendant was liable as he owed her duty of care to ensure that the bottle should contain objectionable matter as it did. (Jertz, 2004)

We find that the occupiers’ liability act provides a limited duty of care on occupiers to ensure that measures for the protection of properties or other people from the risks that exist, in this law we find that there are provisions that follow this act, these provisions are: it abolishes the old distinction between licensees and invitees this category of persons include anyone to whom the occupier has expressly or implicitly allowed to enter or use his premises in this case the trespasser is not included.

The act provides that an occupier of premises owes to all visitors the duty to take care in all circumstances therefore, it is necessary for the occupier to ensure that the visitor will be safe in using the premises for the purpose for which he has been permitted to be there. We also find that under the act, the occupier however has a right to restrict his liability by giving adequate warning such as about slippery floors. Here the occupier is not liable where the accident has occurred through the defective work of an independent contractor who was competent and so far as he was able he had inspected the work done. (Jertz, 2004)

The law on occupiers’ liability to an injured trespasser is usually classified under the law of tort according to the present law. Whereby tort is defined as a civil wrong free of contracts, meaning it is an act that causes harm to a determined person whether intentionally or not. The remedies for these acts are always unliquidated damages which indicate that the court has the power to fix the damages.

Tort normally varies from contracts whereby we find that in contracts the duties are usually fixed by the parties under agreement themselves while in tort the duties are imposed by the law. Also we find that the law of tort is an infringement of the civil rights belonging to an individual in this case we find that the wrong doer has to compensate the injured party, according to the recent law the action is brought by the aggrieved party so that he can obtain compensation. This law constitutes three major elements that are there must be a wrongful act or omission by the defendant which means that there must a person who is being sued for his wrongful acts. Secondly, there must be legal damage and lastly, the wrongful act must be of such nature as to give rise to a legal remedy in the form of an action for the damages.

There also exist some civil wrongs that are actionable even though no damage is suffered by the plaintiff. An example of such a civil wrong is the trespass on land. In recent law, we find that there are many types of torts such as trespass and defamation but in the real sense, it represents a civil wrong whose only remedy is common law.
In the case of the law on the occupier’s liability to injured trespassers, we find that it is also classified. ...Download file to see next pages Read More