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Tort LawText, Cases, and Materials

Tort Law: Text, Cases, and Materials (5th edn)

Jenny Steele
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date: 25 April 2024

p. 75013. Occupiers’ Liabilitylocked

p. 75013. Occupiers’ Liabilitylocked

  • Jenny SteeleJenny SteeleProfessor of Law, University of York

Abstract

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines damage which arises out of dangers encountered on premises. The duties in question are owed to parties who are present on the premises, rather than to neighbouring occupiers or (for example) users of the highway, and governed by two pieces of legislation: the Occupiers’ Liability Act 1957 and the Occupiers’ Liability Act 1984. The discussion begins by considering the criteria used to determine when the occupiers’ liability acts are engaged, whose responsibility is it to guard against the risks, and the duty owed to visitors and non-visitors. The chapter then turns to defences and exclusion of liability.

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