Law in a Business Context Essay Example | Topics and Well Written Essays - 1250 words

Law in a course Context - Essay ExampleThis was then followed by the house physicians Liability Acts 1984, which set out the handicraft owed by occupants towards those who enter their land without permission or unlicensed trespassers (Elliott & Quinn 2003, p.157). However, neither or the Acts provided a deification for the tern resident physician, other than that it would be given the same meaning as below special K law. An occupier under common law is a person who has some degree of control to exercise a enough degree of control to allow or prevent other people from entering, though they dun get to to be a physical occupier non the owner of the premises. The Occupiers Liability Act imposes a duty to support such care as in all the circumstances of the faux pas is reasonable upon the occupier of a property. With both Occupiers Liability Acts in place, the Occupiers Law under the Law of tort c everyplaceedinjuries suffered by entrants while on the privateland of theoccupie r. The introductionof the 1995 Act that came into effect on 17th July 1995 radically altered the liability of the occupier in a way that more obligations were lay on the side of the occupier to ensure the safety of land users. In the 20 years prior to this enactment, the common law was characterised by the courts benevolent attitude to persons who entered land without permission and subsequently suffered injury (Burke & Corbett 2003, p. 95) In theSupreme Courtcase McNamara v.Electricity SupplyBoard (1975), an infant suffered serious injuries from trespassing onto genius of the defendants sub-stations. The defendants were found liable for not showing the infant a duty to take reasonable care for his safety even though there was a benevolent attitude so unmatchabler this case towards trespassers. The decision of this case was the basis ofthe creationof the OccupiersLiability Act1995. Initially, under the traditional common law system, entrants upon a premises were divided into fou r categories that being contractual entrants, invitees, licensees and trespassers. Under the Occupiers Liability Act 1995, three new categories were created, that being visitors, recreational users and trespassers. In cases where there is more than superstar occupier, such as a landlord and a tenant, real estate agent or in the case of shared spaces it is usual for liability to be shared but the liability of each party depends on the circumstances of the loss. An estate agency is considered the Occupier for the purposes of both the Occupiers Liability Act 1957 and Occupiers Liability Act 1984. According to Canadian author Allen Linden, with regards to liability and the term occupier, states that the status of occupier is not dependent on ownership of the premises, but rather is based on control over the premises. A person who has the immediate supervision and control of the premises and the power to admit and exclude the approach of others is without doubt an occupier. Thus, atena ntin possession is an occupier. However, complete or exclusive control is not necessary. An auctioneer hired to conduct a sale on the vendors premises may be considered an occupier of those premises. An independent contractor carrying out building or repair work may qualify as an occupier. Moreover, it has become apparent that in many circumstances there may be more than one occupier of premises. Therefore, an estate agent is also deemed to be an occupier because the estate