Duty of Care Owed by Occupier in UK Law
Leading Cases
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British Railways Board v Herrington
... ... 2 I have no doubt that if the Appellants owed to potential child trespassers any duty of care ... to lay down a general rule that no occupier is under any duty to potential trespassers, ... ...
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Tomlinson v Congleton Borough Council and another
... ... his earning capacity, for the expense of the care he will need, for the loss of the ability to lead ... decide which of the two councils was the occupier, it might not be easy. Although the Park belongs ... Different duties were owed to each class. The Act, on the recommendation of ... ) all visitors should be owed a "common duty of care". That duty is set out in section 2(2), ... ...
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Dorset Yacht Company Ltd v Home Office
... ... the Home Office or these Borstal officers owed any duty of care to the Respondents capable of ... that a trespasser can somehow become the occupier's 'neighbour' within the meaning of the somewhat ... ...
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Murphy v Brentwood District Council
... ... 7 The person to whom the duty is owed is an owner or occupier of the house who ... a common law duty to take reasonable care that plans should conform with byelaws or ... ...
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Legislation
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Occupiers' Liability Act 1984
... ... F1 1: Duty of occupier to persons other than his visitors ... whether any duty is owed by a person as occupier of premises to persons ... Liability Act 1957 (the common duty of care), and ... ...
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Anti-social Behaviour, Crime and Policing Act 2014
... ... It is the duty of a person specified under subsection (1)— ... 45: Occupier or owner unascertainable ... arising out of a failure to exercise due care and attention ... any obligation of confidence owed by the person making the disclosure, or ... ...
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Occupiers' Liability Act 1957
... ... the rules of the common law, to regulate the duty which an occupier of premises owes to his ... whom a duty is so imposed or to whom it is owed; and accordingly for the purpose of the rules so ... owes the same duty, the “common duty of care”, to all his visitors, except in so far as he ... ...
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Corporate Manslaughter and Corporate Homicide Act 2007
... ... amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased ... a duty owed as occupier of premises; ... ...
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Books & Journal Articles
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THE OCCUPIERS’ LIABILITY ACT
... ... which previously regu- lated an occupier’s liability towards his hvitees, ... occupier of premises’ the same duty, described as the “common duty of ... and to whom the common duty of care is owed are the same “ as the persons ... ...
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Law Reform and Occupier's Liability
... ... in paragraph 70 on the duty of landlords remaining in occupation of ... he should owe the common duty of care to any third party lawfully using the ... the high standard of care owed by the lessor under the Committee’s ... ...
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Prevention of Terrorism (Temporary Provisions) Act 1984
... ... whether the exceptional positive legal duty to help the police overrode the privilege ... as the duty of “common humanity” owed by occupiers to trespassers, was ... between common humanity and reasonable care was very narrow, if indeed it existed ... to‘ exclude or restrict the occupier’s duty. Section 2 of the Act makes a ... ...
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Occupiers’ Liability Revisited
... ... the common law rules for determining the care which an occupier of premises must show towards ... rules which had measured the occupier’s duty with reference to the status of the entrant ... and trespassers, with a licensee being owed a duty only if lured into a trap…The 1960 Act ... ...
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Law Firm Commentaries
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John Lewis- Never Knowingly An Occupier
... ... the defendant owed the claimant a duty of care and the defendant ... ...
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Do Occupiers Of Land Have A Duty Of Care To Contractors?
... ... of Jamie Yates v National Trust which looks at the duties of care owed by an occupier to his contractor's employees ... The last month has ... ...
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Occupier Or Employer - Who Pays?
... ... law that employers owe a non-delegable duty of care to their employees. However as covered in ... , the non-delegable nature of the duties owed by an employer does not preclude another party ... ...
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Resolving Rural Disputes Webinar: Open Water And Occupiers' Liability
... ... Brailsford look at the duties owed by land owners and ... occupiers to members of ... occupying land owe a duty of care towards people coming on to that ... The occupier is the person having control of the land - ... ...
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