Philosophy 2080 Lecture Notes - Lecture 6: Implied Consent, Canada Act 1982, Volt-Ampere
4 Dec 2017
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An occupier is an occupier of land, and includes a person who owns or leases land. An occupier owes a duty of care to anyone who enters his or her land. Occupier"s liability, together with the law of negligence, is an expanding area of law. It would be hard to deny the impact of the availability of insurance proceeds on this area of law. Homeowners are usually insured, many residential tenants are insured, most business occupiers as tenants or owners of land are insured. In reality, in a typical slip-and-fall case at the mall, a plaintiff could be suing the store proprietor, the entity holding the commercial lease, the actual land owner, and potentially the municipality, to name but a few. This area of law applies to taverns, hotels, and even private parties. At common law, there are three categories of persons entering lands not their own, and the occupier owes varying duties of care to each one.
