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OCCUPIER'S LIABILITY

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Noraiza Abdul Rahman

on 31 March 2014

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Transcript of OCCUPIER'S LIABILITY

WHO IS OCCUPIER?
WHO IS OCCUPIER?
DUTY TOWARDS CONTRACTUAL ENTRANT
DUTY TOWARDS TRESPASSER
DUTY TOWARDS LICENCEE
A trespasser is a person who enters premises without permission, express or implied of the owner and whose presence is either unknown to the proprietor or if known, is objected to.

Duty of Common Humanity:
Robert Addie & Sons Ltd v Dumbreck (1929) AC 358
British Railway Board v Herrington (1972) 1 All ER 749
"Occupier is simply a convenient word to denote a person who
has sufficient

degree of control
over premises to put him under
a duty of care
towards
those who came lawfully on the premises
" - Per Lord Denning in
Wheat v Lacon & Co
(1966) AC 552
Contractual entrants are those who have entered in pursuance to a contract with an occupier.

Main purpose entrant: MacLenan v Segar [1917] 2 KB 325
Ancillary purpose entrant: Hall v Brooklands Auto-Racing Club [1933] 1 KB 205
Gillmore v London County Council [1938] 4 All ER 331

Duty of Care: Where a person pays to enter premises either for the purpose of occupying it or for the purpose of a particular activity, the stadard of care required is to ensure that the premises are reasonably safe for the intended purpose
A licensee is one who has the occupier's expressed or implied permission to enter but does not have any community of interest with the occupier.

The occupier owes a duty to warn him of any concealed danger or trap of which he actually knew.

CASES:
Latham v R Johnson & Nephew Ltd [1913] 1 KB 398
Datuk Bandar Dewan Bandaraya v Ong Kok Peng & Anor [1993] 2 AMR 1195
The duty of an occupier to an invitee as stated by Willes J in Indermaur v Dames (1866) is that: "...the occupier shall use reasonable care to prevent damage from unusual danger which he knows or ought to know..."

CASES:
Ng Shin Hon v Chow Wai Chuang [1973] 2 MLJ 128
London Graving Dock Co v Horton [1951] AC 737
Introduction
Who is occupier
Duty towards Contractual Entrant
Duty towards Invitee
Duty towards Licensee
Duty towards Trespasser
OCCUPIER'S LIABILITY
DUTY TOWARDS INVITEE
Full transcript