StudentShare solutions
Triangle menu

Common Law 3 - Essay Example

Nobody downloaded yet

Extract of sample
Common Law 3

the landlord will remain as occupier for the parts of the building he has retained as a result of the letting; where a landowner gives a licence to a person to use premises and retains the right to enter premises to do repairs, the owner retains control and is the occupier; and finally where the owner employs independent contractors to do work on premises, the owner will generally retain sufficient control to be classified as an occupier, however there is a possibility that the contractors will also be found to be occupiers, depending on the amount of control they have while the work is in progress.
The liability of occupiers for lawful visitors is governed by Occupiers’ Liability Act 1957 and will be discussed in respect of Messrs Jones and Thompson. The issue of rights and liabilities between Sunshine Beach Holiday Park Owners and Messrs Jones and Thompson will now be discussed.
The principle of common duty of care bestows a duty upon the occupier to take such care in all circumstances of the case as is reasonable to ensure that a (lawful) visitor will be reasonably safe when he uses the premises for the purposes for which he is invited or permitted to be there. (s.2(2) Occupiers’ Liability Act 1957) Further the Occupiers’ Liability Act 1957 goes on to state that a licensee (a person to whom a license is given) is owed a contractual duty of care (s.5(1) Occupiers’ Liability Act 1957).
One of the most important defence to actions brought under the Occupiers’ Liability Act is the defence of contributory negligence, that is where a visitor fails to use reasonable care for his own safety and such failure causes him damage. The effect of this will be a reduction in damages. When the common duty of care is considered, the circumstances that are included are the degree and want of care which would ordinarily be looked for, in such a visitor. Contributory negligence may allow for a reduction in damages or may extinguish damages per ...Show more


The issue in this question relates to occupiers’ liability of Sunshine Beach Holiday Park Owners for the injuries that have been caused lawful visitors, trespassers and independent contractors. Each of these will be discussed in turn.
Then term ‘occupier’ was categorised…
Author : langoshjordy
Common Law 3 essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Common Law 3"
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

Common Law
The important decision in respect of contract can be said to be Smith v Hughes , wherein the courts laid down the subjective as well as the objective test was laid down so as to determine whether a contract was existent or not.
15 pages (3750 words) Essay
Common Law
The existence of a contract is not dependent upon it in being writing thus a contract can be existent if it oral or informal. The important decision in respect of contract can be said to be Smith v Hughes , wherein the courts laid down the subjective as well as the objective test was laid down so as to determine whether a contract was existent or not.
15 pages (3750 words) Essay
Common law
.............................5 3- Exclusion clauses..................................................................................................................6 4- Applicability of Exclusion clauses....................................................
15 pages (3750 words) Essay
Common law and Civil law
The common law of the Anglo Americans has its root in the medieval times, evolving from three crown courts in England during the twelfth and thirteenth centuries. These are the King's Bench, the exchequer and the common pleas (Von Mehren, 2000). These three courts had an overriding jurisdiction over the disputes that had been decided by other minor courts, such as the forest court and whose jurisdiction were limited, on the basis of subject matter involved, or on a geographical basis (Tetley, 2003).
3 pages (750 words) Essay
Common law justice
Therefore this type of law is customary and provides the basic framework for a constantly changing legal paradigm that adjusts itself to new cases and appeals, but is still based on the principles of natural law combined with principles of civil law. "Civil law rests upon justice as its foundation, and hence civil law does not establish justice, but rather accepts it as the guiding light of legislation.
4 pages (1000 words) Essay
Common Law
ould require super fast and uninterrupted broadband connection continuously for the purposes of her job and that this was fundamental to her requirements in entering into the contract with CableFast. Accordingly, the fact that the connection did not work between 6pm and 9pm and
8 pages (2000 words) Essay
Common Law
An agreement is said to transform the negotiations between parties into a settlement or deal. The process of negotiation is not in
8 pages (2000 words) Essay
Common law
ties arising out of breach of such duties or torts and the rights of persons suffering from such torts or being injured or suffering damages as a result of various sorts of tort. Courts have awarded damages to the injured and have also issued injunctions to prevent further
8 pages (2000 words) Essay
Research Report : A critical assessment of Lord Chief Justice Sir Edward Coke his background biography. (1552-1634) 1 His contribution to common law, 2 His influence to law in England, 3 His decisions to cases and law and his quotes
With his declarations that the common law was predetermined and perpetual, and of the same status with the civil law of the land, he was one of the Elizabethans who greatly contributed to the formation and growth
12 pages (3000 words) Essay
Company law; Universal Project Management Services Ltd v Fort Gilkicker Ltd 2013 3 WLR 164 is a landmark case as it clarifies that multiple derivative claim are permissible at common law. What does this case reveal with regard to the continuing significan
In some instances the parent company may be held accountable for the activities of their subsidiaries regardless of the fact that they are a Limited Liability Company (LLC). An additional challenge
10 pages (2500 words) Essay
Hire a pro to write
a paper under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
Comments (0)
Click to create a comment