This examination focus addresses the key issues for occupiers’ liability regarding lawful visitors, as governed by the Occupiers’ Liability Act 1957. It is not intended as an overview of the law in this area but instead focuses on specific problems that arise in exam responses. In problem-solving questions, it is crucial not only to recognise these key issues, but also to be able to apply the relevant rules to the facts of the scenario.
It is important to decide whether the victim in the scenario is a lawful visitor or a trespasser. In most cases, this will not present a problem. However, note the situation where someone who was initially a lawful visitor exceeds the permission granted to him or her to be on the defendant’s property.
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