Law of Torts - Occupiers Liability

Occupier: 'A person who has sufficient control over the premises to the extent that he ought to realize that lack of care on his part can cause damage to his lawful visitors. The duty may be shared between several occupiers, who will be jointly and severally liable to the visitors if they both fall to exercise the due care, causing injury.' - Lord Denning, WHEAT v E. LACON


Contractual entrant: Is a person who enters into the premises pursuant to a contractual agreement
(1) Main purpose entrant
(2) Ancillary purpose entrant

Duty is to ensure premises safe & adequate for the purpose. Must prepare for even foreseeable danger.

MACLENAN: pt injured while trying to escape from 2nd floor or df’s hotel when fire, broke out
GILMORE: pt fell during gym class because of floor slippery.

Invitee: is a person who enters the premises with the permission of the occupier for a common (usually economic) interest between them,
(1) Business visitors
(2) Legally authority entrants

Duty is to take reasonable care to prevent damage from unusual danger (Including concealed danger/trap) which he knows or ought to have known, -INDERMAUR v DAMES

LAD TIN SYE v YUSUF BN MOHAMAD: pt got down from tractor while blade still rotating. Usual Danger

Bank explosion (due to gas leak) killed 1 pt, injured other (invitees)

Licensee: person who enters premises with gratuitous perm with no shared interest with occupier,
(1) Entrant as of right
(2) Social visitor
(3) Entrant by implied permission

LOWERY v WALKER Pt had been using a path on df’s land without being restricted.

Duty is to not create/allow a concealed danger/trap to at least upon the premise, which is not apparent to entrants but ought to be known by e occupier.
YEAP CHENG HOCK geologist entered mine was injured by a defective buggy.
Pt badly injured when he fell down elevator shaft
"Licensee must take premises finds it, But duty upon occupier to not expose them to concealed danger at least warn them,"

Licensee: person who enters premises with gratuitous permision with no shared interest with
Duty to take reasonable & sufficient measures to prevent entry
LLM MALAYSIA v RAMAKRISHNA ' take reasonable steps of humanity & common sense to avoid danger*.

Children Entrants

(1) Lawful entrants GLASGOW CORP
(2) Trespassers SINURI BN TABUK
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