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Occupiers Liability (1957 Act (Common duty of care - s.2(2) ensure that…
Occupiers Liability
1957 Act
Common duty of care - s.2(2) ensure that the visitor is reasonably safe in using the premises for the purposes for which they were invited
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s4(a) warning is not to be treated as absolving the occupier from liability unless it was enough to enable the visitor to be reasonably safe
Roles V Nathan (1963) Account must be taken of the reason for the presence on the premises, the nature of the danger, knowledge of the visitor and the practicality of removing the danger. (Bridge example)
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s.4(b) damage from faulty execution of work the occupier is not liable if acted reasonably in entrusting the work to an independent contractor and had taken all steps that he ought to to ensure the contractor was competent and the work was carried out properly.
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Wheat V E.Lacon & Co Ltd - Occupier Where a landlord let premises by demise to the tenant he has parted with all control. Where an owner let floors but did not demise the common areas he is regarded as retaining control over those areas. Where an owner did not let premises but only licensed them on terms not amounting to a demise he is deemed to have sufficient control to impose a duty. Where there is an independent contractor he has sufficient control to owe a duty to those who lawfully come there.
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1984 Act
s.3 An occupier owes a duty to a non visitor if (a) he is aware of the danger or reasonably believes it to exist, (b) he knows ore has reasonable grounds to believe that he is in the vicinity of the danger, and (c) the risk is one which he may reasonably be expected to offer the other some protection
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s.4 The duty is to take such steps as are reasonable, having regards to the situation, to see that he does not suffer injury
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s.5 Any duty may be discharged by taking such steps as are reasonable having regard to the circumstances, to give warning of the danger or discourage persons from incurring the risk.
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