in [Wellington] .
Written in English
Includes bibliographical references.
|The Physical Object|
|Number of Pages||23|
|LC Control Number||74160471|
Background. The Occupiers’ Liability Act imposes a duty on occupiers to take reasonable care for the safety of trespassers in respect of any risk of their suffering injury by reason of any danger due to the state of the premises or to things done or omitted to be done on them. The Occupiers' Liability Act (c. 3) is an Act of the Parliament of the United Kingdom that covers occupiers' liability for trespassers. In British Railways Board v Herrington AC , the House of Lords had decided that occupiers owed a duty to trespassers, but the exact application of the decision was unclear. The matter was then referred to the Law Commission for a report, Introduced by: Lord Hailsham. Occupiers' Liability to Trespassers This lesson is concerned with the liability of occupiers of premises to trespassers on those premises. It begins by considering who is a trespasser for these purposes, before moving on to consider the content of the duty owed by occupiers to trespassers. Occupiers' liability is a field of tort law, codified in statute, which concerns the duty of care owed by those who occupy real property, through ownership or lease, to people who visit or trespass. It deals with liability that may arise from accidents caused by the defective or dangerous condition of the premises. In English law, occupiers' liability towards visitors is regulated in the.
Get this from a library! Occupiers' liability to trespassers; report. [New Zealand. Torts and General Law Reform Committee.]. Occupier is described as the person with sufficient control to carry liability as found in Wheat v E Lacon & Co Ltd () • The Occupiers Liability Act This offers similar protection to trespassers and users of rights of way that the Act does for lawful visitors. There was also the Occupiers Liability Act of that recognized the duty of occupiers to persons other than their visitors (trespassers) Law Reform Torts Law of Lagos State reproduced the Occupiers’ Liability Act of Duty owed to recreational users or trespassers. 5. Modification of occupiers' duty to entrants. 6. Duty of occupiers towards strangers to contracts. 7. Liability of occupiers for negligence of independent contractors. 8. Saver. 9. Short title and commencement.
Occupiers liability can get complicated, particularly when there are multiple occupiers or there is a complex or novel situation. At HMC Lawyers, our lawyers can help you protect yourself by assessing potential liability, or drafting agreements to outline what parties are responsible for what areas. ] Two Problems of Occupiers’ Liability — Part One Trespassers thus remained outside the purview of the Act. In contrast, Scotland three years later enacted legislation which applied the . The Occupiers Liability Act imposes a duty on occupiers in relation to persons 'other than his visitors' (S.1(1)(a)OLA ). This includes trespassers and those who exceed their permission. Protection is even afforded to those breaking into the premises with criminal intent see Revill v Newbery  2 WLR Case summary. The position today is that the Occupiers’ Liability Act governs liability to lawful visitors and the Act governs the duty owed to those entrants loosely referred to as ‘trespassers’. In the first part of this chapter we will examine the Occupiers’ Liability Act