Muhammed Awais
Occupiers’ Liability – P4 M2
Occupiers Liability 1957
There are two act’s which are in the occupiers’ liability. Firstly, is occupier’s liability act 1957 which is for
lawful visitors to people’s premises and there is occupier’s liability act 1984 which is for trespassers.
The occupier’s liability act is as follows – >
SECTION 1
1)The rules enacted by the two next following sections shall have effect, in place of the rules of the common
law, to regulate the duty which an occupier of premises owes to his visitors in respect of dangers due to the state
of the premises or to things done or omitted to be done on them.
(2)The rules so enacted shall regulate the nature of the duty imposed by law in consequence of a person’s
occupation or control of premises and of any invitation or permission he gives (or is to be treated as giving) to
another to enter or use the premises, but they shall not alter the rules of the common law as to the persons on
whom a duty is so imposed or to whom it is owed; and accordingly for the purpose of the rules so enacted the
persons who are to be treated as an occupier and as his visitors are the same (subject to subsection (4) of this
section) as the persons who would at common law be treated as an occupier and as his invitees or licensees.
(3) The rules so enacted in relation to an occupier of premises and his visitors shall also apply, in like manner
and to the like extent as the principles applicable at common law to an occupier of premises and his invitees or
licensees would apply, to regulate—
(a)the obligations of a person occupying or having control over any fixed or moveable structure, including any
vessel, vehicle or aircraft; and
(b)the obligations of a person occupying or having control over any premises or structure in respect of damage
to property, including the property of persons who are not themselves his visitors.
[F1(4)A person entering any premises in exercise of rights conferred by virtue of—
(a)section 2(1) of the Countryside and Rights of Way Act 2000, or
(b) an access agreement or order under the National Parks and Access to the Countryside Act 1949,
is not, for the purposes of this Act, a visitor of the occupier of the premises.]
SECTION 2
(1) An occupier of premises owes the same duty, the “common duty of care”, to all his visitors, except in so far
as he is free to and does extend, restrict, modify or exclude his duty to any visitor or visitors by agreement or
otherwise.
(2) The common duty of care is a duty to take such care as in all the circumstances of the case is reasonable to
see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or
permitted by the occupier to be there.
(3) The circumstances relevant for the present purpose include the degree of care, and of want of care, which
would ordinarily be looked for in such a visitor, so that (for example) in proper cases—
(a)an occupier must be prepared for children to be less careful than adults; and
(b)an occupier may expect that a person, in the exercise of his calling, will appreciate and guard against any
special risks ordinarily incident to it, so far as the occupier leaves him free to do so.
Occupiers’ Liability – P4 M2
Occupiers Liability 1957
There are two act’s which are in the occupiers’ liability. Firstly, is occupier’s liability act 1957 which is for
lawful visitors to people’s premises and there is occupier’s liability act 1984 which is for trespassers.
The occupier’s liability act is as follows – >
SECTION 1
1)The rules enacted by the two next following sections shall have effect, in place of the rules of the common
law, to regulate the duty which an occupier of premises owes to his visitors in respect of dangers due to the state
of the premises or to things done or omitted to be done on them.
(2)The rules so enacted shall regulate the nature of the duty imposed by law in consequence of a person’s
occupation or control of premises and of any invitation or permission he gives (or is to be treated as giving) to
another to enter or use the premises, but they shall not alter the rules of the common law as to the persons on
whom a duty is so imposed or to whom it is owed; and accordingly for the purpose of the rules so enacted the
persons who are to be treated as an occupier and as his visitors are the same (subject to subsection (4) of this
section) as the persons who would at common law be treated as an occupier and as his invitees or licensees.
(3) The rules so enacted in relation to an occupier of premises and his visitors shall also apply, in like manner
and to the like extent as the principles applicable at common law to an occupier of premises and his invitees or
licensees would apply, to regulate—
(a)the obligations of a person occupying or having control over any fixed or moveable structure, including any
vessel, vehicle or aircraft; and
(b)the obligations of a person occupying or having control over any premises or structure in respect of damage
to property, including the property of persons who are not themselves his visitors.
[F1(4)A person entering any premises in exercise of rights conferred by virtue of—
(a)section 2(1) of the Countryside and Rights of Way Act 2000, or
(b) an access agreement or order under the National Parks and Access to the Countryside Act 1949,
is not, for the purposes of this Act, a visitor of the occupier of the premises.]
SECTION 2
(1) An occupier of premises owes the same duty, the “common duty of care”, to all his visitors, except in so far
as he is free to and does extend, restrict, modify or exclude his duty to any visitor or visitors by agreement or
otherwise.
(2) The common duty of care is a duty to take such care as in all the circumstances of the case is reasonable to
see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or
permitted by the occupier to be there.
(3) The circumstances relevant for the present purpose include the degree of care, and of want of care, which
would ordinarily be looked for in such a visitor, so that (for example) in proper cases—
(a)an occupier must be prepared for children to be less careful than adults; and
(b)an occupier may expect that a person, in the exercise of his calling, will appreciate and guard against any
special risks ordinarily incident to it, so far as the occupier leaves him free to do so.
