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Occupiers liability act common law
Occupiers liability
Tort occupiers liability
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A discussion will be carried out to determine which claims Ursula, Daniel and John may be able to make in tort. The rules relating to occupiers’ liability and vicarious liability will require particular focus. To establish the likelihood on an efficacious claim, the relevant rules will be discussed and applied to each individual separately. Occupiers’ liability refers to the duty of care owed by occupiers to individuals who visit or trespass. Occupiers have a responsibility to ensure that the state of their premises is not dangerous to others, two key pieces of legislation govern this obligation. Firstly, the Occupiers’ Liability Act 1957 (OLA 1957) which concerns the duty owed to lawful visitors. Secondly, the Occupiers’ Liability Act 1984 (OLA 1984) which governs the extent to which an occupier can be held liable for injuries suffered by unlawful visitors (trespassers). In relation to Ursula’s prospective claims, it must initially be established whether Tom Hopkins is considered to be the occupier. Whilst the word ‘occupier’ lacks a coherent legislative definition, it was established in Wheat v E Lacon & Co Ltd [1966] AC 552 that an occupier refers to those with such control over the premises that a duty of care is owed towards those who enter it. As the owner of the …show more content…
That is, provided that Café Tourmalet acted reasonably in entrusting the work to Perry & Sons and had taken such steps as they reasonably ought to in order to satisfy themselves of their competence and that the work carried out had been done so properly. There is nothing in the facts to suggest that Café Tourmalet had not taken such steps and therefore would be successful in excluding their liability as the handrail was removed as a result of the contractors work. Consequently, Daniel has no claim against Café Tourmalet under OLA
Case, Adeels Palace v Moubarak (2009) 239 CLR 420 entails a defendant, Adeels Palace Pty Ltd and two plaintiffs, Anthony Moubarak and Antoin Fayez Bou Najem. On New Year’s Eve 2002, a function, hosted by Adeels was open to members of the public, with a charged admission fee. A dispute broke out in the restaurant. One man left the premises and later returned with a firearm. He seriously injured both respondents. One was shot in the leg and other in the stomach. The plaintiffs separately brought proceedings against the defendant in the District Court of New South Wales (NSW), claiming damages for negligence. The trial judge issued Bou Najem $170,000 and Moubarak $1,026,682.98. It was held that the duty of care was breached by the defendant as they ‘negligently’ failed to employ security for their function. The breach of duty and resulted in the plaintiff’s serious injuries.
ii) If one is the owner or operator, liability may attach even if some other
The case of Kamloops v. Nielson was a landmark decision for tort law, since it established the duty of care principle in Canadian private law, which prior to this case was used in the Anns v. Merton case and expanded the scope of duty first identified in Donoghue v. Stevenson. In the historic case of Donoghue v. Stevenson, duty of care was established to include anyone that could be foreseeably harmed by someone’s actions, creating the neighbour principle. The Anns v. Merton case expanded the scope of the neighbour principle to including public bodies, such as the municipality. The case involved a faulty building foundation, which resulting in requiring repairs for the house, and whether the municipality should have to pay for the repairs, since it was the job of the municipality to inspect and ensure the building was properly constructed. Whether public tax allocations should be subject to tort litigations was placed in question in the case but the municipality was held liable for damages nevertheless.
The refinement of this definition has significant legal implications, as it broadens the scope of those who can sue within blameless accidents. Prior to this, such victims would also face being labelled with “fault”. Supporting the findings of Axiak, by establishing non-tortious conduct as separate from “fault”, similar, future cases are more likely to proceed despite the plaintiff’s contributory
Tort, one of the crucial subjects of study when analyzing common law jurisdictions. Tort, is an action which causes another person or party to suffer harm or loss []. The person who has committed a tortious act is called the tortfeasor while the person who suffered harm or loss from such act is called the injured party or the victim. Although crimes may be torts, torts may not be crimes [] simply because a tort may not have broken a law. In fact, one must understand that the key idea of tort is not to punish the tortfeasor(s) but rather to compensate the victim(s).
The 19th century set the stage for different policies that lead to the extending of America’s power, which is defined as imperialism. Imperialism started for different reasons like the Americans wanting the U.S. to expand or explore the unknown land, or even some feared existing resources in U.S. might eventually dry up. The reason imperialism started doesn’t really matter, but more of what it caused. Imperialism lead to Cuban assistance, the addition of Hawaii and Alaska to America, and Yellow Journalism.
On February 8th, 1968, shots were fired on a crowd of civil rights protesters and that day became known as one of the saddest days in South Carolina history. Many problems occurred in South Carolina, mostly between blacks and whites over issues about civil rights and segregation. These issues in South Carolina lasted many years and led to many events, protests, and even massacres that all resulted in sometimes very horrible outcomes but also bringing South Carolina one step further to getting rid of segregation. One horrible event that took place in the late 60’s was the Orangeburg Massacre that resulted in a few deaths and some injuries but also furthered integration in Orangeburg. In 1968, due to the conflict between civil rights protestors
In Germany there were concentration camps for Jews, in Japan they were for Chinese, and in the United States, after WWII, there were internment camps for Japanese immigrants and citizens. To be clear, the difference between internment and concentration camps is that The internment wasn’t spread equally. All Japanese and Japanese Americans on the West Coast were relocated to internment camps, however in Hawaii only 1,200-1,800 of about 150,000 Japanese Americans were interned. In addition, 62% of those taken into internment were American citizens that had never even been to Japan. The internment of Japanese and Japanese Americans was a disgrace to America.
On the 1st of October in the year 2017, the defendant, in this case, the supermarket was found liable for the case Susan injury in the supermarket's premises. The hip injury on Susan’s hip which was a result of the slipping over a squashed banana. The presence of the squashed banana in the premises was an outright sign of negligence and recklessness by the supermarket's staff. (Damage law)
The whole issue involved with the unfair treatment of Japanese Americans in the internment camps by the Americans, started not so long after Japanese warplanes bombed the Pearl Harbor. President Roosevelt, the chief of staff at that time signed an Executive Order 9066 which entailed the detainment of anyone who had any descendant from Japan. Contradictory to all evidences presented by the intelligence agencies, first generation Japanese Americans were the easy prey used by the government to show they had total control of the situation. Using several primary documents and secondary sources, the forced imprisonment and harsh mistreatment of Japanese Americans in internment camps would be examined. Since there was a huge influx of Japanese Americans in the West Coast, there was anger and fear that they might take over the U.S [Yellow Peril]. The imminence of the World War II solidified the motive to be afraid of the Japanese Americans and created cause for the U.S government to lead them to internment. Surprisingly even though Americans boasted about democracy, most of the Nikkei placed in internment were American citizens by law and had no right to be incarcerated. After 30 years, President Ford, the current chief of staff reversed Executive Order 9066. He stated that it was wrong to detain Nikkei as they were loyal to America. A public apology and a payment of $20,000 were made out to Nikkei. This gesture solidifies the wrongdoing of Nikkei by the U.s government. The same conclusion could be drawn from a close look inside of the internment camps. From my research on the issue at hand, I propose a thesis stating that the incarceration of the Japan...
"We cannot sit huddled within our own borders and avow ourselves merely an assemblage of well-to-do hucksters who care nothing for what happens beyond. Such a policy would defeat even its own end; for as the nations grow to have ever wider and wider interests, and are brought into closer and closer contact, if we are to hold our own in the struggle for naval and commercial supremacy, we must build up our Dower without our own borders." 1899, Theodore roosevelt his book, The Strenuous Life.
It might be said that the Viking raids did not stop when the Scandinavians stopped taking part in them. If it is recognized that the Normans were the descendants of the Vikings, in military characteristics and goals as well as genealogy, then one might recognize their military endeavors against England France Sicily and southern Italy as continuing Viking raids.
December, 7th, 1941 was a day that would change forever. The Japanese attacks on Pearl Harbor affected not only America’s involvement in World War II, but it also greatly affected the lives of Hawaiian citizens. Shortly after the Pearl Harbor attacks had ended, Martial Law was declared on Hawaii. Very strict laws were put in place on the citizens in attempts to avoid another attack on the island and keep the people safe. Martial Law lasted for almost three years and forever changed the way of life for Hawaiians.
The first point to note when analysing occupiers’ liability is that originally it was separate to the general principles of negligence which were outlined in Donoghue v Stevenson .The reason for this “pigeon hole approach” was that the key decision of occupiers’ liability, Indermaur v Dames was decided sixty six years prior to the landmark decision of Donoghue v Stevenson . McMahon and Binchy state the reason why it was not engulfed into general negligence, was because it “… had become too firmly entrenched by 1932 … to be swamped by another judicial cross-current” Following on from Indermaur v Dames the courts developed four distinct categories of entrant which I will now examine in turn.
A war crime is an unjust act of violence in which a military personnel violates the laws and acceptable behaviors of a war. Despite all the violence in a war, a soldier shooting another is not considered a war crime because it is not a violation to the laws and practices of a war, and it is considered just. A war crime is defined as a “violations [violation] of the laws and customs of war” (“War Crimes”), and are attacks “against civilian populations, prisoners of war, or in some cases enemy soldiers in the field” (Friedman). War crimes are typically committed with weapons or by uncommon, cruel, devastating military methods and are “…Committed primarily by military personnel” (Friedman). There are many different types of war crimes one can commit, including “murder, ill treatment…murder or ill treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns, or villages or devastation not justified by military necessity” (Friedman). Originally constructed as international law by the London Charter on August 8th, 1945 and further developed by the Hague Conventions of 1899, 1907 and the Nuremberg trials, war crimes are aggressive, unacceptable and unjust actions performed by military workforce that occur during a war.