Occupiers liability peter north oxford university press. Liability of occupiers for negligence of independent contractors. Occupiers of business premises whether freeholders or business tenants have duties placed upon them to ensure the safety of all lawful entrants by virtue of the occupiers liability act 1957 and in some cases an obligation to take reasonable care extends to uninvited visitors under the occupiers liability act 1984. Elvin, occupiers liability, free will and the dangers of a compensation culture. Judges, child trespassers and occupiers liability in the. This act may be cited as the occupiers liability act. Under this act there is a duty to keep safe and lawful visitors to the premises 2 the occupiers liability act 1984. Short title this act may be cited as the occupiers liability act. Occupiers liability and the homeowner rogers partners. The initial focus is on the nature of the plaintiff if the plaintiff is a lawful visitor, his rights are governed by the occupiers liability. Occupiers liability duty of care negligence free 30. The law in this area is now statutory and is governed by the 1957 and 1984 occupiers liability acts. The occupiers liability act 1984 imposes a duty of care on occupiers to take reasonable steps to offer protection to unauthorised visitors, eg trespassers, although the duty imposed is much less onerous than under ola 1957.
Landlords liability by virtue of obligation to repair 6. The occupiers liability act 1984 is intended to fix the duties which an. The occupiers liability that was presented and developed in common law has now been codified in legislation represented by the occupiers liability act 1957, relevant for lawful visitors and occupiers liability act 1984 relevant for those other than lawful visitors bermingham and brennan, 2014. Occupiers liability act 1957 occupiers liability act 1984. All others are covered by the occupiers liability act 1984. Since the occupiers liability act 1984 applies to trespassers, a lower level of protection is offered. Occupiers liability the occupancy of premises is affected by two statues. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Occupiers liability notes tort law law2015 exeter studocu.
Apr 08, 2009 occupiers liability the occupancy of premises is affected by two statues. The duty of care provided for in subsection 1 applies except in so far as the occupier of premises is free to and does restrict, modify or exclude his duty. Unlike visitors under the 1957 act, trespassers cannot claim for damage to property. Occupiers liabilityoverview lexispsl, practical guidance. By virtue of the occupiers liability act 1957, the duty of care enforced on occupiers is a duty in respect of all visitors to the premises in. Hence the fact that death and personal injury are the only protected forms of damage and occupiers have no duty in relation to the property of trespassers. The task of care owed by owners and occupiers of premises is a statutory responsibility imposed by the occupiers liability acts 1957 and 1984. Occupiers liability and vicarious liability the document co.
Effect of contract on occupiers liability to third party 5. Occupiers liability introduction where c injured by defective structures or premises common law aspect of the tort of negligence occupiers liability act 1957 governs liability of occupier to lawful visitor occupiers liability act 1984 governs liability of occupier to unlawful visitor i. Which statute deals with occupierss liability to trespassers. At the end of section of the unfair contract terms act visitors using 1977 which defines the liability, called business liability, the premises for exclusion or restriction of which is controlled by virtue of that recreation etc.
Lecture notes occupiers liability notes bnv6087 bcu. The occupier can exclude their liability by an agreement, although this is likely to fall foul of the unfair contract terms act 1977 in the case of business. In english law, occupiers liability towards visitors is regulated in the. The defences under the 1984 act include, firstly, contributory negligence. See end of document for details liability in contract 5 implied term in contracts. Lecture notes adr lecture notes summary adr notes for essay lecture notes contract law notes lecture notes easements lecture notes exam february 2015, answers exam answer for occupiers liability lecture notes misrepresentation notes. Below is the legal opinion as provided by the home office legal advisers branch. The following text relates to personal liabilities with respect to occupation of structures, whether fixed or moveable. Occupiers liablllty 1 the occupiers liability act ad 7. Lawful visitors a lawful visitor has permission to enter premises. The defendant local authority was responsible for the school and its grounds and was an occupier for the purposes of the occupiers liability act 1957 and the occupiers liability act 1984 ola 1984. The occupiers liability act 1984 ola 1984 deals with individuals other than visitors and is taken to mean trespassers or even those entering with criminal intent.
Section 1 3 of the act provides that an occupier is liable to a trespasser, if. An act to amend the law of england and wales as to the liability of persons as occupiers of premises for injury suffered by persons other than. Occupiers liability duty of care private law free 30. It governs the duty of care which an occupier, landlord or builder owes to people who visit or trespass on their land. Physical possession of a property control over the activities on a property access to the property occupiers liability 3 the 1957 act later 1984 replaces the common law consolidates the law imposes duties of care on occupiers deals with duties owed by contractors covers. There are, thus, three key definitions which are relevant to applying the act. Since then, occupiers liability is determined in accordance with common law principles. The occupiers liability act 1957 dictates the duty that an occupier owes to lawful visitors as per s.
Where an occupier may owe a duty to protect trespassers onto the premises. Section 3 states that the occupier cannot, by contract, exclude or restrict the common duty of care which he owes to a third party. Where an occupier may owe a duty to protect trespassers onto. Different states have their own torts law, while those who do not have any still rely on the principles of common law. English law became statutory in 1957 and was substantially amended in 1984. The occupiers liability act 1984 ola 1984 was introduced, generally speaking, to confirm situations where a duty of care might be owed by an occupier to an unauthorised visitor or trespasser as they are commonly known. The occupiers liability act 1983 late in 1983 the victorian legislature enacted the occupiers liability act 1983, which came into operation on july i, 1984. In english law, occupiers liability towards visitors is regulated in the occupiers liability act 1957. An occupier owes a restricted duty of care to trespassers in respect of the premises which includes any fixed or moveable structure under the occupiers liability act 1984.
Occupiers of premises ie buildings, boats, open land, vehicles, lifts etc may be liable to visitors and trespassers under the occupiers liability act 1957 and 1984. By virtue of the occupiers liability act 1957, the duty of care enforced on occupiers is a duty in respect of all visitors to the premises in question. Basis of the occupiers liability act 1984 ola 1984 derived from hl. Preservation of higher obligations 1 nothing in this act relieves an occupier of premises in any particular case from any higher liability or any duty to show a higher standard of care that in that case is incumbent on him by virtue of any enactment or rule of law imposing special liability or standards of care on. There are currently no known outstanding effects for the occupiers liability act 1957. The occupiers liability act chapter 70 of the laws of zambia chapter 70 the occupiers liability act the occupiers liability act arrangement of sections section 1. Occupiers liability act 1984 which imposes liability on occupiers with regard to.
The occupiers liability act 1957 imposes a duty of care on occupiers to all lawful visitors to ensure that they are reasonably safe for the purpose for which they are on the occupiers premises a party will be deemed to be an occupier under ola 1957 if they have sufficient control over the premises. Occupier is given the same meaning as under the 1957 act s. The matter was then referred to the law commission for a report, and as a. Under the 1957 act a common duty of care is owed to all 1lawful visitors. The section that permits the exclusion of liability in so far as he is free occupiers liability act 1957 section 3 states that the occupier cannot, by contract, exclude or restrict the common duty of care which he owes to a third party. Act there is added modification of unfair but liability of an occupier of premises for breach of an contract. It deals with liability that may arise from accidents caused by the defective or dangerous condition of the premises. In addition, occupiers liability to trespassers is provided under the occupiers liability act 1984. New brunswick the new brunswick occupiers liability act has been consolidated since 2011. Physical possession of a property control over the activities on a property access to the property occupiers liability 3 the 1957 act later 1984 replaces the common law consolidates the law imposes duties of care on occupiers deals with duties owed by contractors.
Occupiers liability to trespassers term definition which. Tortoccupiers liabilityindependent contractor volume 16 issue 2 f. The section that permits the exclusion of liability in so far as he is free occupiers liability act 1957. The claimant brought a claim against the local authority for damages for. As the 1957 act was not concerned with trespassers, the 1984 was enacted to.
See end of document for details occupiers liability act 1957 1957 chapter 31 5 and 6 eliz 2 an act to amend the law of england and wales as to the liability of occupiers and others for injury or damage resulting to persons or goods lawfully on any land or other property. In england, the occupiers liability act of 1984 provides for the duty owed by occupiers to persons other than visitors, in respect of injury suffered while on the premises due to the dangerous state of such premises or things done or omitted to be done on them. Occupiers liability law and libraries legal framework. In british railways board v herrington 1972 ac 877, the house of lords had decided that occupiers owed a duty to trespassers, but the exact application of the decision was unclear. The 1984 act only allows claims for death or personal injury. An act to amend the law of england and wales as to the liability of obasan by joy kogawa pdf persons as. The occupiers liability act 1984 has implications for those occupiers of premises who want to implement preventive measures intended to deter intruders from unlawfully entering their premises. An occupier owes a duty to intruders in relation to. Occupiers liability legal definition of occupiers liability.
All others are covered by the occupiers liability act 1984 discussed below. Occupiers liability under the occupiers liability act 1957 and occupiers liability. In davies v british railways board 198412 the plaintiff was a 12yearold. The occupiers liability act 1957 imposes upon the occupier of premises the duty. Occupiers liability is an area of tort law rich in statutory material and jurisprudence, having developed outside the framework of general negligence liability. There was also the occupiers liability act of 1984 that recognized the duty of occupiers to persons other than their visitors trespassers law reform torts law 1961 of lagos state reproduced the occupiers liability act of 1957. This chapter does not deal with the situation where things. Occupiers liability is a field of tort law which deals with liability that may arise from. 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.