OCCUPIER'S LIABILITY

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OCCUPIER'S LIABILITY by Mind Map: OCCUPIER'S LIABILITY

1. DEFINITION

1.1. OCCUPIER

1.1.1. WHEAT V LACON: A PERSON WHO HAS SUFFICIENT DEGREE OF CONTROL OVER THE PREMISES TO PUT HIM UNDER A DUTY OF CARE TOWARDS THOSE WHO CAME LAWFULLY ON THE PREMISES

1.2. PREMISES

1.2.1. INCLUDE ALL FORMS OF FIXED AND MOVEABLE STRUCTURES

1.2.1.1. WHEELER V COPAS

1.2.1.1.1. THE USE OF LADDER

2. TYPES OF ENTRANTS

2.1. CONTRACTUAL ENTRANTS

2.1.1. MAIN PURPOSE ENTRANT

2.1.1.1. MACLEANEN V SEGAR

2.1.2. ANCILLARY PURPOSE ENTRANT

2.1.2.1. GILLMORE V LONDON COUNTY COUNCIL

2.2. INVITEE

2.2.1. PERSON WHO ENTERS WITH PERMISSION OR AUTHORITY OF OCCUPIER AND HAVING COMMON INTEREST

2.2.1.1. LEGALLY AUTHORISED ENTRANT

2.2.1.1.1. SHAMSUDIN V YAP CHOH TEH

2.2.1.2. BUSINESS INVITORS

2.2.1.2.1. MATERIALISTIC REASON, BRING ECONOMIC ADVANTAGES TO THE OCCUPIER

2.2.1.3. DUTY OF INVITEE TOWARS ANOTHER INVITEE

2.2.1.3.1. THAT MAY CREATE DANGER TO THOSE WHO ARE EXPECTED TO ENTER, MUST ENSURE THAT OTHERS ARE NOT INJURED

2.3. LICENSEE

2.3.1. HAS THE OCCUPIER'S PERMISSION BUT DO NOT HAVE COMMON INTEREST

2.3.1.1. ENTRANT AS OF RIGHT

2.3.1.1.1. AIKEN V KINGBOROUGH CORPORATION

2.3.1.2. SOCIAL VISITORS

2.3.1.2.1. PURPOSE WAS SOCIAL IN NATURE AND NOT MATERIALISTIC

2.3.1.3. ENTRANT BY IMPLIED PERMISSION

2.3.1.3.1. WHERE COURTS IMPLIES A LICENSE

2.3.1.4. CHILDREN LICENSEE

2.3.1.4.1. DUTY IS HIGHER AS CHILD IS LESS CAREFUL THAN ADULTS

2.3.1.5. TRESPASSER

2.3.1.5.1. ENTER PREMISES WITHOUT PERMISSION AND THEIR PRESENCE IS UNKNOWN TO THE OCCUPIER

3. DEFENCES

3.1. WARNINGS

3.2. NOTICE

3.2.1. ASHDOWN V WILLIAM SAMUELS & SONS LTD

3.3. CONSENT/ VOLENTI NON FIT INJURIA

3.4. EXCLUSION CLAUSE

3.5. CONTRIBUTORY NEGLIGENCE

3.5.1. JONES V LIVOX QUARRIES