|
|
|
Home > Law > Law glossary > Law glossary
Occupiers' Liability Act (1984)
Last modified: Thu Feb 23 16:37:37 2006
This Act defines the DutyOfCare that the occupier of premises owes to people who
are not covered by the provisions of the OccupiersLiabilityAct1957. In the main,
this means trespassors (see trespass), but it also protects persons exercising
a private (but not public) right of way -- a category excluded from the 1957 Act.
The 1984 Act, unsurprisingly, offers less protection that the 1957 Act. A duty of
care only arises where
the occupier is, or should be, aware of the danger on his property,
has some
the occupier has reasonable grounds to believe that people may enter the
premises without his permission
the danger is one which it is reasonable to expect the ocupier to
protect against
It is this last provision that has caused most difficulty in the courts. See
OccupiersLiabilityToTrespassers for more details.
LegislativeInstruments
TortLaw
Law glossary index
|
|
|
|
Shameless plug
|
 By the author of this site. Buy on-line from Amazon USA | UK
|
|