MGSC30H3 Lecture Notes - Implied Consent, Equitable Remedy, Replevin

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Published on 24 Aug 2012
Management (MGS)
Chapter 5: Pages 85 93
Occupier’s Liability
Duty of law in ascending order of importance towards
o Trespassers
o Licensees
o Invitees
Lowest duty of care
Owners of property where small children live have a special duty of care to protect children from harm or injury
In Alberta, if occupier of land knows a child may trespass, they have a duty to take reasonable care that the child will be
safe from any dangers
Trespassers (excluding children) assume all risks of injury when entering land of another
o Occupier of land need not need to warn them from all existing dangers
Unless the dangers are traps
Enter land with either the express or implied consent of owner, usually for their own benefit
Duty of care of the occupier of the land toward licensee would be to protect licensee from any concealed dangers of which
the occupier had knowledge, and that were in the area where the licensee might be
Invitees and Contractual Entrants
Invitee: a person who enters upon the lands of another by invitation, usually for the benefit of the person in possession of
the land
Contractual entrant: a person who enters on the premises with a colour of right stemming from a contract with the
occupier that contemplates entry by the person
Particular duty owed the invitee or contractual entrant is to warn or protect the person from any unusual dangers or
hazards of which the occupier is aware or ought to be aware
The higher standard of care applied to invitee now applies to both invitees and licensees
o The occupier is bound to take reasonable care to protect such persons from injury
Invitee or licensee is required to act in a careful manner; once warned of existing dangers
Manufacturer’s Liability for Defective Products
If a purchaser buys such goods by description and the goods contain a defect, the law allows the purchaser to recover any
loss from the vendor
The law of contract provides a remedy to the purchaser or the person for whom the goods were intended if the goods
prove to be defective or cause some injury
Duty of care extends beyond the immediate purchaser (ex. Retailer), to the ultimate user of the goods (consumer).
When there is physical injury to persons or damage to property, the manufacturer will be liable to the ultimate consumer if
it can be shown that the manufacturer was negligent in the manufacture of the good, or where the goods had some danger
associated with them, and that the producer failed to adequately warn the consumer of the danger
For some types of goods, manufacturer may be held liable for any injury, regardless of effort to prevention
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