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landmarks in the common law

Duty of care to visitors

Dee Morse explains how to establish liability in cases concerning the Occupiers’ Liability Act 1957

The main purpose of the Occupiers’ Liability Act 1957 is to impose a common duty of care on occupiers to ensure that all lawful visitors are reasonably safe while carrying out the purpose for which they are on the occupier’s premises. The primary aim in passing the Act was to create a common duty of care to all lawful visitors. Prior to the Act, different duties were owed to different types of lawful visitor.

Occupiers’ liability generally refers to the duty owed by landowners to those who come onto their land. The duty imposed on landowners can extend beyond simple land ownership, and in some instances the landowners may transfer the duty to others, which is why the term ‘occupier’ is used instead of ‘owner’.

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The rule of law

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Do the police owe a duty of care?

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