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Street on Torts

Street on Torts (16th edn)

Christian Witting
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date: 27 May 2024

p. 2239. Liability for defective premises and structureslocked

p. 2239. Liability for defective premises and structureslocked

  • Christian WittingChristian WittingProfessor of Law, National University of Singapore, Barrister and Solicitor, High Court of Australia and Supreme Court of Victoria


This chapter examines the potential liability for injury and/or other forms of loss arising from being upon or use of defective premises and structures. It explains that there are two types of defendant in this area of negligence. The first are persons actually occupying premises and the second are those who might be liable for defects in the premises including landlords, builders, and professionals such as architects and consulting engineers. Much of the relevant law here is statutory, the common law supplementing the statutory provisions. This chapter discusses the provisions of the Occupiers’ Liability Act 1957, the Occupiers’ Liability Act 1984, and Defective Premises Act 1972.

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