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TORT LAW - Coggle Diagram
TORT LAW
OCCUPIERS' LIABILITY
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The Occupiers' Liability Act 1957 - provides that an occupier of premises owes a duty of care to lawful visitors, and if that duty is breached resulting in the visitor suffering damage or loss then the visitor is entitled to receive compensation
Occupiers' Liability Act 1984 - set outs a different set of rules regarding trespassers who are injured on the occupiers property. This is more complex
WHAT ARE OCCUPIERS
Potential Defendants are the same under either Act - they will be occupier of premises who may be, but do not have to be, the owner or tenant of the premises. There is in fact no statutory definition of "occupier" in either of the acts
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Bailey v Arms - a decision of who is in control of premises may be influenced by whose insurance policy covers the premises, however, sometimes the court may find that no one is in control of the premise of the premises leaving the injured visitor no claim
WHAT ARE PREMISES
Section 1(3)(a) - reference to a person have occupation or control of any "fixed or moveable structure"
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