Occupiers' liability is an area of tort law rich in statutory material and jurisprudence, having developed outside the framework of general negligence liability. It governs the duty of care which an occupier, landlord or builder owes to people who visit or trespass on their land. As the only text offering in depth analysis and commentary on the legislation and case law surrounding occupiers' liability, this book represents a key reference text for all those involved in advising on or researching this area. Each aspect of the law in this area is examined in detail, with the definitions of premises, occupiers, visitors, and trespassers analysed through a substantial body of case law. The types of harm which occupiers may be liable for and the available defences are also given detailed discussion. Further chapters are devoted to the specific provisions and precedents governing the scope of the statutory duty of care, liability of independent contractors, and the liability of occupiers to those who enter premises under contract. The text also covers the statutory regime and case law surrounding liability for defective premises under the Defective Premises Act 1972, which replaced provisions relating to this under the 1957 Occupiers' Liability Act. The book includes the full text of both the 1957 and the 1984 Occupiers' Liability Acts and of the Defective Premises Act 1972.

Autorentext

Sir Peter North, Formerly Principal of Jesus College, University of Oxford, is the Editor of Cheshire North & Fawcett: Private International Law (OUP, 2008), author of Essays in Private International Law (1993 OUP) and of Civil Liability for Animals (OUP 2012) and an internationally renowned legal scholar.

Inhalt

• 1: Introduction
• 2: Occupiers
• 3: Visitors
• 4: Premises
• 5: The Statutory Duty of Care
• 6: Occupancy and Activity Duties
• 7: Types of Harm
• 8: Defences
• 9: Independent Contractors
• 10: Visitors under Contractual Provisions
• 11: Trespassers
• 12: Liability for Defective Premises
• Appendices
• Occupiers' Liability Act 1957
• Occupiers' Liability Act 1984
• Defective Premises Act 1972