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Relevant bibliographies by topics / Liability of the occupier of premises

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Academic literature on the topic 'Liability of the occupier of premises'

Author: Grafiati

Published: 24 April 2022

Last updated: 30 July 2025

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Journal articles on the topic "Liability of the occupier of premises"

1

Dembour, Marie-Bénédicte, Juliet Turner, and Charles Barrow. "When are occupiers in breach of their duty of care? The advantages of a systematic test." Legal Studies 40, no. 1 (2019): 95–112. http://dx.doi.org/10.1017/lst.2019.17.

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AbstractSixty years have passed since occupiers in England and Wales were placed under a statutory duty to keep visitors to occupied premises reasonably safe. The legislation, however, did not detail the exact operation of this duty of care. The case law, expected to fill in the gaps, has arguably developed without sufficient consistency and/or predictability. This apparent confusion can be remedied through applying a systematic test to the question of whether a breach of duty has occurred. The test follows the verification that the case falls within the field of occupiers’ liability because o

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Scott, J. "Regspraak: Struikel en val op ongelyke loopvlakke – ’n tydige waarskuwing om katvoet te loop op plaveistene." Tydskrif vir die Suid-Afrikaanse Reg 2024 (2024): 563–80. http://dx.doi.org/10.47348/tsar/2024/i3a9.

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Our case law is rife with judgments dealing with delictual claims instituted by those who had suffered harm due to a fall on a slippery or an uneven surface. Most of these cases dealt with the question whether the owner or occupier of the area in which the plaintiff sustained injury had failed to take precautions to protect those, who walked over the floors, or along the walkways or roads over which such owner or occupier had control, against potential harm due to a potential danger lurking in the walking surface, such as spilt liquid on a supermarket floor or a hole in a sidewalk. Proving the

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Parra, María Angeles, and Asunción Asín. "Cour de Cassation (France) 3 juillet 2002 - Damages for occupation of an immovable: ’culpa in contrahendo’ and unjustified enrichment under French and Spanish law." European Review of Private Law 13, Issue 1 (2005): 67–78. http://dx.doi.org/10.54648/erpl2005004.

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In this decision (Third Civil Division, 3 July 2002 RTD civ. 2002, 804 with ann. By Mestre and Fages) the French Supreme Court (Cour de Cassation) for the first time ruled that, in the case of negotiations for the sale of a building, the mere fact that one of the parties occupied the premises during these negotiations, even if this was with the owner?s consent, renders that party liable for payment of occupancy rent. This cannot be altered by the circumstance that the parties had abandoned their original plan by common consent or that liability for the fact that the contract did not come about

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Glazebrook, P. R. "ON BEING REQUIRED TO BE A POLICEMAN, UNTRAINED AND UNPAID." Cambridge Law Journal 60, no. 3 (2001): 537–52. http://dx.doi.org/10.1017/s0008197301001222.

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This article discusses the case of Brock and Wyner (2001) (the “Wintercomfort Case”) and considers its implications for private citizens who traditionally have not incurred criminal liability merely for failing to prevent a third party from committing an offence unless they have some specific legal responsibility for the victim or for the business or motor-vehicle in connection with which it is committed. The wide and vague interpretation placed on section 8 of the Misuse of Drugs Act 1971, which applies to everyone who occupies or manages premises, is contrasted sharply with the House of Lord

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Sawyer, Thomas H., and Tonya L. Sawyer. "Premises Liability." Journal of Physical Education, Recreation & Dance 95, no. 8 (2024): 51–52. http://dx.doi.org/10.1080/07303084.2024.2383528.

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Baker, David. "Liability of Occupier of a Nature Reserve." King's Law Journal 10, no. 1 (1999): 99–104. http://dx.doi.org/10.1080/09615768.1999.11427515.

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Lees, Emma. "Liability for Contaminated Land." Environmental Law Review 20, no. 1 (2018): 39–45. http://dx.doi.org/10.1177/1461452918759716.

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Powys County Council v Price, a follow-up to the decision of the House of Lords in R (National Grid Gas Plc) v Environment Agency (hereafter National Grid Gas), is concerned with the question of when statutory successors to public authorities will be liable as Class A persons (polluters) for having ‘caused or knowingly permitted’ the relevant substances to be in, on, or under the land, thanks to the contaminated land provisions contained in the Environmental Protection Act 1990, Part IIA. In deciding that such a body will not be liable unless the legislation establishing the succession on its

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Hopkins, C. A. "OCCUPIERS’ LIABILITY: UNHEEDED WARNINGS." Cambridge Law Journal 61, no. 3 (2002): 499–544. http://dx.doi.org/10.1017/s000819730231170x.

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Is there a difference between the duty of care owed by an occupier to a trespasser under the Occupiers’ Liability Act 1984 and that owed to a lawful visitor under the Occupiers’ Liability Act 1957, as far as personal injuries are concerned? Not really, in the light of Tomlinson v. Congleton Borough Council [2002] EWCA Civ 309, where the Court of Appeal (Ward and Sedley L.JJ., Longmore L.J. dissenting) held the defendant Council liable for spinal injuries sustained by an 18-year-old who dived into the Council’s lake, having seen one or more notices reading “DANGEROUS WATER: NO SWIMMING”, and hi

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9

Tryon, Jonathan S. "Premises Liability for Librarians." Library & Archival Security 10, no. 2 (1991): 3–21. http://dx.doi.org/10.1300/j114v10n02_02.

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10

Gimbert, Tonya L., and Thomas H. Sawyer. "Premises Liability and Negligence." Journal of Physical Education, Recreation & Dance 85, no. 4 (2014): 40–41. http://dx.doi.org/10.1080/07303084.2014.884836.

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Dissertations / Theses on the topic "Liability of the occupier of premises"

1

Yang, Nana C. F., and 楊靜芬. "The Study of Compulsory Public Liability Insurance - Premises Liability Insurance." Thesis, 1993. http://ndltd.ncl.edu.tw/handle/15874914187589792514.

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Books on the topic "Liability of the occupier of premises"

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1946-, Klar Lewis, and Rainaldi Linda D. 1953-, eds. Occupier's liability. Carswell, 1995.

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2

Page, Joseph A. The law of premises liability: Tort liability of the owner or occupier of real property for harm inflicted upon persons while on the premises and for harm inflicted by persons who become intoxicated while on the premises. 2nd ed. Anderson Pub. Co., 1988.

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3

Conley, J. Michael, Timothy C. Kelleher, and Patrick T. Jones. Premises liability litigation. MCLE, 2010.

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4

Branton, James L. Texas premises liability. Knowles Pub., 1994.

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5

A, Newman Jeffrey, and Fitzgerald Warren F, eds. Massachusetts premises liability. Massachusetts Continuing Legal Education, 1997.

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6

Tarantino, John A. Commercial premises liability. Wiley, 1991.

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7

Institute, Pennsylvania Bar. Premises liability 2001. Pennsylvania Bar Institute, 2001.

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8

Thomas, Michael Paul. Premises liability in California. 2nd ed. Thomson/West, 2004.

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9

Thomas, Michael Paul. Premises liability in California. 2nd ed. Thomson/West, 2003.

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10

Long, Jayme C. California premises liability law. The Recorder, 2014.

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Book chapters on the topic "Liability of the occupier of premises"

1

Finch, John. "Liability for premises." In Speller’s Law Relating to Hospitals. Springer US, 1994. http://dx.doi.org/10.1007/978-1-4899-7122-7_9.

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2

James, Mark. "Liability for Dangerous Premises and Dangerous Events." In Sports Law. Macmillan Education UK, 2013. http://dx.doi.org/10.1007/978-1-137-11859-2_8.

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James, Mark. "Liability for dangerous premises and dangerous events." In Sports Law. Macmillan Education UK, 2017. http://dx.doi.org/10.1057/978-1-137-55927-2_8.

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Zhang, Xinbao. "Operators’ Duty of Safety Protection on Business Premises." In Legislation of Tort Liability Law in China. Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-6961-1_11.

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Horsey, Kirsty, and Erika Rackley. "10. Occupiers’ liability." In Kidner's Casebook on Torts. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198785279.003.0010.

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This chapter focuses on the liability of an occupier to persons who are injured on their premises and the Occupiers’ Liability Acts of 1957 and 1984. The discussion considers the relationship between occupiers’ liability and negligence, what makes someone an ‘occupier’ or ‘visitor’, the duty owed to visitors and to trespassers and other non-visitors, and the exclusion of liability.

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Horsey, Kirsty, and Erika Rackley. "11. Occupiers’ liability." In Tort Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198785286.003.0011.

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This chapter discusses occupiers’ liability, which deals with the risks posed, and harms caused, by dangerous places and buildings. In such cases, the occupier of the premises may be liable if they have not taken reasonable care to ensure that those entering their premises are safe. The general principles of negligence have been incorporated into, and modified by, statute in the form of the Occupiers’ Liability Acts 1957 and 1984.

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Horsey, Kirsty, and Erika Rackley. "11. Occupiers’ liability." In Tort Law. Oxford University Press, 2023. http://dx.doi.org/10.1093/he/9780192874481.003.0011.

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This chapter discusses occupiers’ liability, which deals with the risks posed, and harms caused, by dangerous places and buildings. In such cases, the occupier of the premises may be liable where a person who comes onto their land is injured in or by unsafe premises if the occupier has not taken reasonable care to ensure that those entering are safe. The general principles of negligence have been incorporated into, and modified by, statute in the form of the Occupiers’ Liability Acts 1957 and 1984. Although the Acts define the circumstances in which a duty of care will be owed (and tell us som

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Horsey, Kirsty, and Erika Rackley. "11. Occupiers’ liability." In Tort Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198829270.003.0011.

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This chapter discusses occupiers’ liability, which deals with the risks posed, and harms caused, by dangerous places and buildings. In such cases, the occupier of the premises may be liable where a person who comes onto their land is injured in or by unsafe premises if the occupier has not taken reasonable care to ensure that those entering are safe. The general principles of negligence have been incorporated into, and modified by, statute in the form of the Occupiers’ Liability Acts 1957 and 1984. Although the Acts define the circumstances in which a duty of care will be owed (and tell us som

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9

Horsey, Kirsty, and Erika Rackley. "11. Occupiers’ liability." In Tort Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198867760.003.0011.

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This chapter discusses occupiers’ liability, which deals with the risks posed, and harms caused, by dangerous places and buildings. In such cases, the occupier of the premises may be liable where a person who comes onto their land is injured in or by unsafe premises if the occupier has not taken reasonable care to ensure that those entering are safe. The general principles of negligence have been incorporated into, and modified by, statute in the form of the Occupiers’ Liability Acts 1957 and 1984. Although the Acts define the circumstances in which a duty of care will be owed (and tell us som

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10

Reid, Elspeth Christie. "Occupiers’ Liability." In The Law of Delict in Scotland. Edinburgh University Press, 2021. http://dx.doi.org/10.3366/edinburgh/9781474416788.003.0025.

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This chapter begins by considering the developments in the common law culminating in the enactment of the Occupiers’ Liability (Scotland) Act 1960. The framework of the 1960 act is examined in detail, including the concept of occupier and the relevance of “control”, the ambit of “land or other premises”, relevant dangers, and the extent of the occupier’s duty to show care. Attention is drawn to relevant factors in assessing the standard of care. The operation of the doctrine of res ipsa loquitur in this context is also given attention, as is liability in relation to independent contractors, an

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Conference papers on the topic "Liability of the occupier of premises"

1

Vavan, Zoran, and Goran Veselinović. "Professional liability insurance of public bailiffs." In 26th Conference INSURANCE LAW AND CORPORATE GOVERNANCE. Association for Insurance Law of Serbia, 2025. https://doi.org/10.46793/aida26.sav.08v.

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With the introduction of public enforcement officer by the Law on Enforcement and Security in 2011, then a new judicial profession in the legal system of the Republic of Serbia, the legal obligation of these persons to conclude an insurance contract for damage that their activities could cause to another person, as well as an insurance contract for premises and objects received in deposit in case of their damage, destruction or disappearance, was established. This paper will point out the specifics of the profession of public enforcement officer, the forms of professional responsibility and th

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2

Święch-Kujawska, Katarzyna. "Premises of Granting Reliefs in Payment of Tax Liability." In XVI International Scientific Conference "The Optimization of Organization and Legal Solutions concerning Public Revenues and Expenditures in Social Interest". Temida 2, 2018. http://dx.doi.org/10.15290/oolscprepi.2018.34.

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Sudzina, Milan. "Konanie o vydaní súhlasu s inšpekciou." In Naděje právní vědy 2022. University of West Bohemia, Czech Republic, 2023. http://dx.doi.org/10.24132/zcu.nadeje.2022.641-656.

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The article analyzes the issue of issuing a decision giving consent to the inspection of buildings, premises or means of transport, which may be carried out by the Commission or the Antimonopoly Office of the Slovak Republic. The purpose of the inspection is to provide evidence that a person has acted unlawfully in competition and that this evidence is intended to prove that person‘s liability. The procedure for issuing the consent to the inspection is regulated in Act no. 162/2015 Coll. Administrative Procedure Code as amended.

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