Occupier's Liability

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Occupier's Liability by Mind Map: Occupier's Liability

1. Definition

1.1. In Wheat v Lacon & Co Ltd

1.1.1. Facts: D owned a public house which was run by their manager. A license was given to the manager and his wife to use the first floor of the building for their own personal use but the defendants had retained the right to conduct repair works. The manager and his wife received paying guests on the first floor with the permission of the defendants. The P, had fallen down some steps from the first floor of the building and died as a consequence of his injuries.

1.1.2. Held: D had sufficient control over the private premises on the first floor together with the manager and thus both parties were occupiers and therefore jointly liable.

1.2. Therefore, an occupier is someone who has the immediate supervision and control and power of permitting or prohibiting the entry of other persons.

2. Types of Entrants & The Standard of Care Required

2.1. 1) Contractual Entrants

2.1.1. A person who is on the premises pursuant to a contractual right.

2.1.1.1. i. Main purpose entrant

2.1.1.1.1. Maclenan v Segar

2.1.1.2. ii. Ancillary Purpose Entrant

2.1.1.2.1. Hall v Brooklands Auto-Racing Club

2.1.1.2.2. Gillmore v Country Council

2.2. 2) Invitees

2.2.1. A person who enters premises with the permission or on the authority of the occupier

2.2.1.1. i. Legally Authorised Entrants

2.2.1.1.1. Shamsuddin v Yap Choh Teh & Anor

2.2.1.2. ii. Business Visitors

2.2.1.2.1. Indermaur v Dames

2.3. 3)Licensess

2.3.1. A person who enters the premises with the occupier's gratuitous permission, be it express or implied.

2.3.1.1. i. Entrant as of right

2.3.1.1.1. Aiken v Kingborough Corporation

2.3.1.2. ii. Social Visitors Social in nature and does not confer any materialistic or economic advantage to the occupier, for example: guest.

2.3.1.2.1. Yeap Cheng Hock v Kajima-Taisei Joint Venture

2.3.1.3. iii. Entrant by implied permission

2.3.1.3.1. The occupier's duty

2.3.1.3.2. Meaning of the "occupier's knowledge"

2.3.1.3.3. Meaning of concealed or hidden danger

2.3.1.3.4. Knowledge of the plaintiff

2.3.1.4. iv. Children Licensees

2.3.1.4.1. Phipps v Rochester Corporation

2.4. 4) Trespassers

2.4.1. A person who enters premises without any expressed or implied permission of the occupier.

2.4.1.1. British Railways Board v Herrington

2.4.1.1.1. The occupier must take reasonable steps of common humanity and common sense to avoid danger or to give warnings to people who might be on his premises.

3. Defences

3.1. 1. Notice

3.1.1. May be in the form of warning or an exclusion clause.

3.1.1.1. Ashdown v William Samuels & Sons Ltd

3.1.1.1.1. F: A factory was situated beside a railway track and there were shunting operations on the defendant's land. The P, an employee, at the factory, did not take the road provided but took a short cut across the defendant's land and was subsequently injured. Notices of danger on the D's land were put up.

3.1.1.1.2. H: An exclusion clause may be raised as complete defence if the clause is clear and sufficient. The notices were adequate, clear and sufficient to exempt liability of the D.