LIABILITY FOR LAND AND PREMISES LEGISLATION
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Title: LIABILITY FOR LAND AND PREMISES LEGISLATION

Essay Details:

Subject: History
Author: Madeline L
Date: October 24, 2013
Level: University
Grade: A
Length: 13 / 3859

Essay text:

Extent of occupier's ordinary duty (1) An occupier of premises owes the same duty, the "common duty of care", to all his visitors, except in so far as he is free to and does extend, restrict, modify or exclude his duty to any visitor or visitors by agreement or otherwise. (2) The common duty of care is a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there. (3) The circumstances relevant for the present purposes include the degree of care, and of want of care, which would ordinarily be looked for in such a visitor, so that (for example) in proper cases- (a) an occupier must be prepared for children to be less careful than adults; and (b) an occupier may expect that a person, in the exercise of his calling, will appreciate and guard against any special risks ordinarily incident to it, so far as the occupier leaves him free to do so...

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