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As in negligence, once the claimant has proved that the defendant was in breach of his duty towards him under the Occupiers' Liability Act, he must go on to prove damage and factual and legal causation. Defences, such as contributory negligence, assumption of risk, ex turpi causa etc. will equally apply to actions under the Occupiers' Liability ...
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.
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.
Example of uneven sidewalk tiles that might cause a fall. Premises liability may range from things from "injuries caused by a variety of hazardous conditions, including open excavations, uneven pavement, standing water, crumbling curbs, wet floors, uncleared snow, icy walks, falling objects, inadequate security, insufficient lighting, concealed holes, improperly secured mats, or defects in ...
Prior to the passage of the Occupiers' Liability Act 1957, the general principle was that landlords were not liable for injuries suffered by third parties on their property. The 1957 Act qualified this, providing in Section 4 (repealed by the Defective Premises Act) that where a landlord was obligated by his tenant to repair property and he ...
Wheat v E Lacon & Co Ltd [1966] 1 All ER 582 is a decision of the House of Lords concerning the definition of "occupier" for the purposes of Occupiers' Liability Act 1957. The leading speech in the case was delivered by Lord Denning MR .
Roles v Nathan (t/a Manchester Assembly Rooms) [1963] 1 WLR 1117, [1963] 2 All ER 908 is an occupiers' liability case in English tort law.It concerns s.2(3)(b) of the Occupiers' Liability Act 1957, which states,
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 ...