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 ... ...
  • M'Alister or Donoghue (Pauper) v Stevenson
    • House of Lords
    • 26 May 1932
    ... ... in a receptacle which prevented inspection owed a duty to her as consumer of the article to take care that there was no noxious element in the goods, ... the ceiling falls and injures the occupier or any one else, no action against the builder ... ...
  • Robinson v Chief Constable of West Yorkshire Police
    • Supreme Court
    • 08 February 2018
    ... ... in this appeal is whether the officers owed a duty of care to Mrs Robinson. The other ... building works, to protect the ultimate occupier of the building from loss resulting from defects ... ...
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Legislation
  • Anti-social Behaviour, Crime and Policing Act 2014
    • UK Non-devolved
    • Wednesday January 01, 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 ... ...
  • Occupiers' Liability Act 1984
    • UK Non-devolved
    • Sunday January 01, 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 ... ...
  • Occupiers' Liability Act 1957
    • UK Non-devolved
    • Tuesday January 01, 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 ... ...
  • Occupiers' Liability (Scotland) Act 1960
    • UK Non-devolved
    • Friday January 01, 1960
    ... ... 1: Variation of rules of common law as to duty of care owed by occupiers ... as an “ occupier of premises ”) is ... ...
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Books & Journal Articles
  • THE OCCUPIERS’ LIABILITY ACT
    • No. 21-4, July 1958
    • The Modern Law Review
    • 0000
    ... ... rules which previously regu- lated an occupier’s liability towards his hvitees, licensees ... on an occupier of premises’ the same duty, described as the “common duty of care,” ... and to whom the common duty of care is owed are the same “ as the persons who would at ... ...
  • Law Reform and Occupier's Liability
    • No. 19-2, March 1956
    • The Modern Law Review
    • 0000
    ... ... the recommendations in paragraph 70 on the duty of landlords remaining in occupation of the ... , he should owe the common duty of care to any third party lawfully using the means of ... considering 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
    • 0000
    ... ... over whether the exceptional positive legal duty to help the police overrode the privilege ... known as the duty of “common humanity” owed by occupiers to trespassers, was considered ... gap between common humanity and reasonable care was very narrow, if indeed it existed at ... purport to‘ exclude or restrict the occupier’s duty. Section 2 of the Act makes a minor ... ...
  • Mosh Pits or Liability Pits: Criminal and Tortious Liability at Concerts
    • No. 1, January 2016
    • Cambridge Law Review
    • 115-134
    ... ... This article then outlines the occupier’s statutory duties, ... under the Occupiers’ ... Act and the Liquor Licence Act, and the duty of care owed ... by the occupier/venue/organiser ... ...
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Law Firm Commentaries
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