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Lecture 11

MKT 2210 Lecture Notes - Lecture 11: Blackboard, Snowmobile


Department
Marketing
Course Code
MKT 2210
Professor
Subbu Sivaramakrishnan
Lecture
11

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Occupier’s Liability Act
Language in this act is awkward, qualifying causes are in the beginning of the sentence, ten it is
told in detail
There usually are definitions right at the beginning (section 1), not exactly definitions, but how
the terms are used
o E.g. in section one, an occupier of land (on the Occupier’s Act sheet from blackboard)
Premises, generally anything on the land, etc., not just buildings on the land
o E.g. on local park, there is ice that floods in summer, is part of the premises
o Train that is still, falls under the occupier’s act, but once it moves it is under railway act
In a statute, sometimes the larger ones are divided into many parts, there may be definitions
“on this act” or “in this part”, you often will find definitions in a section but they don’t come in
the beginning, they come in at the end
Occupiers Liability Act sets out what the duty care is you have that people can come onto a
premises that you occupy, set a general standard in section 3 (you owe to regular people that
enter your property)the act says...(section 3 (1))
The basic duty is that in all circumstances of this particular case is not to keep them safe, but
reasonably safe, not every precaution, reasonable amount
Not demanding that people should be kept absolutely safe no matter what, just to take the care
that is reasonable in those circumstancesduty of care to those who enter your property
E.g. If you don’t have a sign that says no solicitors, a fundraiser who comes onto your porch are
not trespassing, but if you tell them you are not interested and ask them to leave, if they are still
there, then they are trespassing
E.g. Someone invited a person onto their property, they were wearing a suede suit with leather
suitcase, and you have sprinkles that come on at a certain time, but you didn’t know it was that
point in time when the sprinkles will turn on, and the man’s suit got wet and ruined. Can the
man sue you?
o You should tell them to watch out, but the man shouldn’t been able to sue.
E.g. if a person jumps over a fence, and swims in someone’s pool, then drowns
o They are trespassing, but what tells you the duty of care is for a trespasser?
o You look at section 4 (3), talks about people who are trespassers, are also on the duty of
care of section 1 (4)
o What is the duty of care that you owe the people under section 4 (the trespasser)?
Trespasser owed under the duty of care under section 4 (1), which is a lot less of
reasonable caution to keep people on their premises safe
Duty of care is not to create danger with deliberate reason of harming others
Not to act with reckless disregard with presence of persondisregard is when
you are aware of something but are not paying any attention. The issue is how
much disregard you show to the trespassers, reckless.
E.g. if hunters come onto your property and are near a bush, and you see game
in a bush and you shoot toward the bush, you still saw them, but you recklessly
disregarded them, and even though they trespassed you showed reckless
disregard so you are liable
You are not to create danger on your property, if a man owned a property and
drivers always drove onto his land, the owner got mad so he dug a pit, filled it
with knives, hid it with branches and let snow fall on it. A man driving a
snowmobile drove over the pit, fell and hurt himself. the man is liable,
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