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Nature Of The Duty To Lawful Visitors Notes

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This is an extract of our Nature Of The Duty To Lawful Visitors document, which we sell as part of our Tort Law Notes collection written by the top tier of Oxford students.

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Occupier's Liability Act 1957

0. Actionable Damage

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S.1(1) o Rules... shall have effect, in place of the rules of common law, to regulate the duty which an occupier of premises owes to his visitors in respect of dangers due to the state of the premises
? So personal injury and property damage

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Includes damage to property not from visitors so long as brought by a visitor o S.1(3)(b) regulates... the obligations of a person...in respect of damage to property
? Including the property of those themselves who are not visitors

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Does the Act only apply to "occupancy" duty?
o What the difference?
? Occupancy Duty: Arises from the state of the premises, not things done on them

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This is definitely governed by the OLAs
? Activity Duty: Arises from things done on the premises

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Under old law, this was only dealt with under ordinary negligence principles o Unclear from the Act
? Activity duty? s.1(1) [the Act shall apply] "in respect of dangers due to the state of the premises or to thing done, or omitted to be done on them"
? BUT occupancy duty only? S.1(2): [the act shall] "regulate the nature of the duty imposed by law in consequence of a person's occupation or control of the premises" o Case law suggests occupancy duty only
? Portsmouth Youth Activities Committee v Poppleton

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May LJ o The judge rejected Mr Poppleton's claim in so far as it alleged breach of s.2 of the Occupiers Liability 1957 .
? There was absolutely nothing wrong with the state of the premises

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and there was no relevant breach of duty to people other than Mr P arising from Mr P's activities.

1. Is D an occupier?

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From the Act o S.1(3)(a) The rules so enacted... shall apply...to regulate
? the obligations of a person occupying or having control over any fixed or moveable structure, including any vessel, vehicle or aircraft o s.1(2) accordingly for the purpose of the rules so enacted the persons who are to be treated as an occupier...
? are the same as...the persons who would at common law be treated as an occupier

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Common law o Wheat v E. Lacon & Co Ltd [1966]:Mr W fell down some badly lit stairs at pub he was staying in and fractured his skull, killing him. C, his widow, claimed

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