p. 2436. Liability of Occupiers and Builders
- Simon DeakinSimon DeakinProfessor of Law and a Fellow of Peterhouse, University of Cambridge
- , and Zoe AdamsZoe AdamsJunior Research Fellow, King's College, University of Cambridge, King's College, University of Cambridge
Abstract
Occupier’s liability is, essentially, part of the law of negligence, although it takes statutory form. Its present form is, moreover, the product of various successive legislative accretions. As such, prime importance must be attached to the wording of the statutes, assisted wherever necessary by reference to the preparatory publications of the Law Commission. This chapter will discuss the Occupiers’ Liability Act of 1957, which deals with the liability of Occupiers towards persons (‘visitors’) permitted to be on the Occupier’s land; the Occupiers’ Liability Act of 1984, that deals with the liability of Occupiers towards trespassers; and the liability of non-occupiers, such as vendors, landlords, and builders. It will also explore the relationship between the statutory regime, and the common law of negligence.
