Occupiers' liability is an area of tort law rich in statutory material and jurisprudence, having developed outside the framework of general negligence liability. It governs the duty of care which an occupier, landlord or builder owes to people who visit or trespass on their land. As the only text offering in depth analysis and commentary on the legislation and case law surrounding occupiers' liability, this book represents a key reference text for all those involved in advising on or researching this area.
Each aspect of the law in this area is examined in detail, with the definitions of premises, occupiers, visitors, and trespassers analysed through a substantial body of case law. The types of harm which occupiers may be liable for and the available defences are also given detailed discussion. Further chapters are devoted to the specific provisions and precedents governing the scope of the statutory duty of care, liability of independent contractors, and the liability of occupiers to those who enter premises under contract.
The text also covers the statutory regime and case law surrounding liability for defective premises under the Defective Premises Act 1972, which replaced provisions relating to this under the 1957 Occupiers' Liability Act.
The book includes the full text of both the 1957 and the 1984 Occupiers' Liability Acts and of the Defective Premises Act 1972.
Readership: Primary: Judges, barristers, and solicitors practicing in the field of civil liability (especially torts), university libraries, and academics. Secondary: Other professionals in the property field and in local government who advise property owners, landowners and developers such as surveyors, land agents, and property and estate managers in large public and private organisations.
5: The Statutory Duty of Care
6: Occupancy and Activity Duties
7: Types of Harm
9: Independent Contractors
10: Visitors under Contractual Provisions
12: Liability for Defective Premises
Occupiers' Liability Act 1957
Occupiers' Liability Act 1984
Defective Premises Act 1972