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Q&A Torts 2013-2014, 10th Edition by Janice Elliott Montague

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7

Occupiers’ Liability

Introduction

Occupiers’ liability is a specialised branch of the tort of negligence and is tested in most examinations year after year. The area is governed by statute – namely, the Occupiers’ Liability Act 1957 and the Occupiers’ Liability Act 1984. Thus, in addition to the common law concepts of duty, breach, causation and remoteness, attention must be paid to the statutes and the exact words used therein.

The 1984 Act is also frequently tested. Be aware that in moving around premises, a person may well change in status from a visitor to a non-visitor – that is, from being subject to the 1957 Act to being subject to the 1984 Act. By doing so, it will be much more difficult for that person to demonstrate that they are ...

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