Sunday, June 28, 2009

OCCUPIER'S LIABILITY

OCCUPIER'S LIABILITY

1. Occupier – sufficient degree of control over premise

2. Premises – movable or immovable

3. Visitor – contractual entrant / invitees / licensee / child tresspass

4. Liabilities / Duties


● The occupier of the premises is the person who possesses a sufficient degree of control over the premises so as to make it reasonable that he should owe a duty of care to those who come into the premises. There may be more than one occupier of premises.

● The definition of an 'occupier' was laid in Wheat vs. Lacon & Co. Ltd.

● China Insurance Co. Ltd vs. Who Hup (Pte) Ltd.

● Harris vs. Birkenhead Corporation.

● Lembaga Kemajuan Tanah Persekutuan vs. Mariam

The Occupier

Lord Denning:

"... Wherever a person has a sufficient degree of control that he ought to realize that any failure on his part to use care may result in injury to a person coming lawfully there, then he is an “occupier” and the person coming lawfully there is his “visitor”, and the 'occupier' is under a duty to his 'visitor' to use reasonable care. In order to be an 'occupier', it is not necessary for a person to have entire control over the premises. He need not have exclusive occupation. Suffice it that he has some degree of control. He may share the control with others. .. "

The Premises

● Include all forms of buildings, land spaces, vehicles which are used for carrying persons including tractors and structures such as scaffolding, ladders, walls, pylons and grandstands

● Wheeler vs. Copas - ladder

Download this Power Point presentation here >>: occupier's liability

No comments:

Post a Comment

Post a Comment