Duty of Care Owed by Occupier in UK Law

Leading Cases
  • British Railways Board v Herrington
    • House of Lords
    • 16 February 1972
    ... ... 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, ... ...
  • Dorset Yacht Company Ltd v Home Office
    • House of Lords
    • 06 May 1970
    ... ... 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 ... ...
  • Anns v Merton London Borough Council
    • House of Lords
    • 12 May 1977
    ... ... Whether a local authority is under any duty of care towards owners or occupiers of any such ... argue that in the circumstances the council owed no duty of care to the plaintiffs ... 15 This ... themselves have a remedy against the occupier under the Occupiers Liability Act 1957. A right ... ...
  • Murphy v Brentwood District Council
    • House of Lords
    • 26 July 1990
    ... ... 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
  • Consumer Rights Act 2015
    • UK Non-devolved
    • January 01, 2015
  • Occupiers' Liability Act 1984
    • UK Non-devolved
    • January 01, 1984
    ... ... 1: Duty of occupier to persons other than his visitors ... law, to determine (a) whether any duty is owed by a person as occupier of premises to persons ... Liability Act 1957 (the common duty of care) , and(b) those who are his visitors for the ... ...
  • Occupiers' Liability Act 1957
    • UK Non-devolved
    • January 01, 1957
    ... ... regulate the duty which an occupier of premises owes to his ... it is owed; and accordingly for the purpose of the rules so ... ‘common duty of care’, to all his visitors, except in so far as he ... ...
  • Housing (Wales) Act 2014
    • Wales
    • January 01, 2014
    ... ... ;(d) making arrangements with a tenant or occupier of the dwelling to secure access to the dwelling ... 2 ... Registration ... 14: Duty to maintain register in relation to rental ... accommodation,(b) young people leaving care,(c) people leaving the regular armed forces of ... notified under section 63 that a duty is owed to the applicant under section 66 (duty to help ... ...
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Books & Journal Articles
  • THE OCCUPIERS’ LIABILITY ACT
    • No. 21-4, July 1958
    • The Modern Law Review
    ... ... 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 ... ...
  • Law Reform and Occupier's Liability
    • No. 19-2, March 1956
    • The Modern Law Review
    ... ... 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 ... ...
  • Prevention of Terrorism (Temporary Provisions) Act 1984
    • No. 47-6, November 1984
    • The Modern Law Review
    ... ... 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 ... ...
  • Twine V. Bean's Express, Ltd.
    • No. 17-2, March 1954
    • The Modern Law Review
    ... ... put in the form that the servant owed a duty to take care, that he failed in ... Bramwell thought that “if the occupier were sporting or firing at a mark on his ... ...
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Law Firm Commentaries
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