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Occupiers liability: - Coggle Diagram
Occupiers liability:
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1957
The duty owed to lawful visitors or those with permission to enter onto the land is defined in the Occupiers’ Liability Act 1957
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Premises
SAME UNDER BOTH ACTS!
No set definition of ‘premises’
Section1(3) OLA 1957 describes the term to include ‘fixed or moveable structure, including land, buildings, vessels, vehicles and aircrafts
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Exclusions
An occupier may restrict, modify or exclude his duty to any visitor by agreement or otherwise s.2(1)
1984
The duty owed to those who enter onto land without permission (trespassers) is defined in the Occupiers’ Liability Act 1984
Tort
Occupiers’ liability concerns the liability of an ‘occupier' of land for the claimant's injury or loss or damage to property suffered while on the occupiers’ ‘premises’
Warnings
It may be possible for an occupier to have a complete defence if they use an oral or written a warning of the danger.
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