Occupiers Liability from the Common Law - 1704 Words

The first point to note when analysing occupiers’ liability is that originally it was separate to the general principles of negligence which were outlined in Donoghue v Stevenson .The reason for this â€Å"pigeon hole approach† was that the key decision of occupiers’ liability, Indermaur v Dames was decided sixty six years prior to the landmark decision of Donoghue v Stevenson . McMahon and Binchy state the reason why it was not engulfed into general negligence, was because it â€Å"†¦ had become too firmly entrenched by 1932 †¦ to be swamped by another judicial cross-current† Following on from Indermaur v Dames the courts developed four distinct categories of entrant which I will now examine in turn. The first category of entrant is that of a†¦show more content†¦This was evident in the case of Rooney v Connolly where liability was imposed on a priest when a girl that he had encouraged to visit the local church injured herself stretching over lighted candles. The permission to enter the land as a licensee may be expressed or implied. An issue arises when the permission is implied. Often children entered premises without the permission of the landowner without the objection of the landlord. But did this make them a licensee or a trespasser? Fitzgibbon J put it eloquently in Kenny v ESB â€Å"An open gate or an unfenced field does not amount to an invitation or licence urbi et orbi to enter upon private property† Often the courts would have to interpret particularly in cases involving minors whether tolerance could be implied as amounting to permission to enter the land. The courts would often analyse the tolerance issue in deciding cases as best to deliver justic e in cases where there was no clear outcome. The fourth category is that of a trespasser. This category has radically developed in the last thirty years. Originally a trespasser was owed a very limited duty of care. The duty owed to a trespasser was that they could not be injured â€Å"intentionally and not to act with reckless disregard to their person or property†. The idea behind such a narrow duty was that a trespasser was illegal on the property and that the occupier should owe littleShow MoreRelatedBusiness Law Irish1299 Words   |  6 Pagesharmful to person or property. As duties go, this one is relatively straightforward. Don’t drive in a manner that could potentially cause injury to person or property. Obey traffic laws, speed limits, and traffic signs; use your turn signals, etc. All of the little rules, laws and ordinances that drivers take for granted as common knowledge on a daily basis are attempts to codify the basic duty to drive in a non-negligent manner. 2. Joe must also establish that Ferrari Driver breached that duty by notRead MoreThe Issue Of Public Nuisance1728 Words   |  7 Pagespublic nuisance which is a crime and could also be a tort law. This is where a person or company threatens the health and safety of a community by the actions they carry out. If found guilty of breaking there duty of care they could face prison or a fine, in some cases they can receive both. The affected parties can also claim for damages but must be able to prove damages and foreseeable harm. The second is a private nuisance which is a tort law only, this is where a person or company interferes inRead MoreAnalysis Of Kennett V. Nationwide News Pty Ltd1742 Words   |  7 Pagesher child X (A Woman formerly known as Mary Bell) and Anor. v. O Brien News Group Newspapers Ltd, is a perfect example of an exceptional case relating to the protection of the criminal. It should be recalled that such an order can be made at common law as evidenced in AG v. Leveller Magazine Ltd. Recent English cases relating to pre-trial charges have led to a renewed call for the introduction of a clear right to privacy. A call for greater protection of the perpetrator, as opposed to the victimRead MoreMain Legal Issues Of The Australian Charter Of Healthcare Rights1333 Words   |  6 PagesTo: Sam Blay From: Mahtab Karimi Date: 8 September 2016 File No: 203874-24959 RE: medical negligence Memorandum Main legal issues Treatment without consent - Charlotte, the nurse on duty, had forced James into getting the injections therefore causing him emotional distress. Treating a competent patient who has validly refused treatment could constitute an assault or battery. The legal provisions supporting a competent patients’ right to refuse treatment in Australia can be found in both legislationRead MoreCase Analysis : The Neighbour Principle 1139 Words   |  5 PagesThe three main elements that must be present for liability to be negligent are, the element is that the defendant must owe duty of care to the Claimant, secondly the defendant must have breached the duty of care by an act or omission and lastly the Claimant must have suffered damages or loss because of the defendant s actions, be it either physically, emotionally or financially. The court may decide that the Phillip owed a duty of care to Frank if they believed what happened to Frank was not beyondRead MoreEssay on The Tort of Negligence1119 Words   |  5 Pages reasonably have expected to happen. The neighbour principle was established in the case of Donoghue v. Stevenson (1932). Donoghue was bought a ginger beer by her friend from an ice-cream parlour. She discovered a partially decomposed snail inside the opaque bottle. She claimed that she suffered from gastro-enteritis and nervous shock as a result, and sued the manufacturer. She could not sue for breach of contract (the contract being that the manufacturer would provide the Read MoreNegligence, Liability, And Liability1572 Words   |  7 Pagesarisen of a possible lawsuit involving an area of law known as negligence and liability. This memo outlines the principles of this area of law in order to be properly prepared should the firm face any legal consequences. It aims to illustrate under what circumstances can the firm be affected with potential legal action in this area. SHORT ANSWER In legal context, â€Å"Negligence† is behaviour that falls below the reasonable standard of care and â€Å"liability† refers to who can be held accountable for anyRead MoreSummary : Fall 2015 ( Take Home ) Mid Term Examinations 1231 Words   |  5 PagesOntario Occupants Liability Act against the plaintiff, Mary. The defendant failed to uphold a duty of care against the plaintiff, which resulted in general and special damages. The plaintiff is owed compensation for medical care and treatment expenses, the economic loss from failing to attend the remainder of the semester of business school, and a loss in prospective wages from future employment. Statement of Law Under the Occupants Liability Act the defendant as an occupier, owed a standard ofRead MoreTort Law - Construction5987 Words   |  24 PagesTort Law Report Terms of Reference This report is about the function of Tort Law and the responsibilities of an employer as an owner of work premises and work when working on a building site as well as legal responsibilities as an employer for his employees and their actions. The following areas have been researched: 1. General tortuous liability and contractual liability 2. Liability applicable to the owner of premises 3. Vicarious Liability and Health and Safety Read MoreOccupiers Liability in the Commonwealth Caribbean9149 Words   |  37 Pages4: †¨OCCUPIER’S LIABILITY Occupier’s liability forms part of the liability arising from the occupation of premises. It is therefore related to nuisance, Rylands v Fletcher, breach of statutory duty and basic negligence. Occupier’s liability covers liability for damage (usually personal injury) which occurs to entrants on to the premises of the defendant. In the Commonwealth Caribbean, Barbados and Jamaica have enacted statutes substantially similar to the English Occupiers Liability Act 1957. Barbados: