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Lecture 11

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Comm 300
Paul Lester

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 circumstancesduty 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
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