MCS 3040 Chapter Notes - Chapter 12: Qualified Privilege, False Imprisonment

• School: University of Guelph
• Department: Marketing and Consumer Studies
• Course: MCS 3040
• Professor: Joe Radocchia

Document Summary

Arise when the occupier of the property harms another. Occupier: someone who has some degree of control over land or buildings on that land. Liability is determined by classifying the visitor as a trespasser, licensee, invite or contractual entrant. Contractual entrant: person who has paid for the right to enter the premises: bought tickets to be there, the duty owed is that the premises is safe. Invitee: person who comes onto property to provide the occupier with benefit: customers, service person, delivery person, must warn them of unusual danger. Licensee: person whose presence is not a benefit to the occupier but to which the occupier has no objection. Trespasser: no invitation: should act with common humanity- can"t harm purposely. Replaces the somewhat obtuse common law of occupiers liability by generalized duty of care based on the neighbor principal. Responsibility to trespassers differ but others are all the same.