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It deals with liability that may arise from accidents caused by the defective or dangerous condition of the premises. In English law, occupiers' liability towards visitors is regulated in the Occupiers' Liability Act 1957. In addition, occupiers' liability to trespassers is provided under the Occupiers' Liability Act 1984.
In the Republic of Ireland, under the Occupiers' Liability Act, 1995, the duty of care to trespassers, visitors and "recreational users" can be restricted by the occupier; provided reasonable notice is given, for which a prominent notice at the usual entrance to the premises usually suffices. [3]
There are however certain circumstances in which an individual may be liable for omissions, where a prior special relationship exists. Such a relationship may be imposed by statute; the Occupiers' Liability acts for example impose a duty of care upon occupiers of land and properties to protect – in as far as is reasonable – others from harm ...
Sale of goods. s6(1), implied terms as to title (Sale of Goods Act 1979 s12) cannot be excluded. s6(2), implied terms as to description, quality or sample (Sale of Goods Act 1979 ss13-15) cannot be excluded against a consumer. Terms governed by the Consumer Protection Act 1987. They are also governed (since 2007) by the Occupiers Liability Act ...
The Occupiers' Liability Act 1984 (c. 3) is an Act of the Parliament of the United Kingdom that covers occupiers' liability for trespassers. In British Railways Board v Herrington 1972 AC 877, the House of Lords had decided that occupiers owed a duty to trespassers, but the exact application of the decision was unclear.
Tomlinson v Congleton Borough Council [2003] UKHL 47 is a 2003 court case in England from the House of Lords regarding the torts of negligence and occupiers' liability (the latter regarding the Occupiers' Liability Act 1984). It was a landmark case that has been regarded as an attempt to stem the development of a "compensation culture" in the ...
The case was originally heard by His Honour Judge Bowers in the Queen's Bench Division of the High Court of Justice of England and Wales.Here, the claimant succeeded, though was forced to concede his duty was owed to him under the Occupiers' Liability Act 1984, which deals with trespassers, as opposed to the Occupiers' Liability Act 1957, which deals with lawful visitors.
The Occupiers' Liability Act 1957 (5 & 6 Eliz. 2.c. 31) is an act of the Parliament of the United Kingdom that covers occupiers' liability.The result of the Third Report of the Law Reform Committee, the act was introduced to Parliament as the Occupiers' Liability Bill and granted royal assent on 6 June 1957, coming into force on 1 January 1958.