Act
The Act first identifies the occupier. Section 1(2) identifies the occupier as the person occupying or in control of the premises, not necessarily the owner, with the underlying premise being that the person liable should be the person most likely to have been able to prevent the harm; the person occupying the premises, not necessarily the owner of those premises. The Act does not define occupier, but provides that the person to be treated as the occupier is the person who would be considered an occupier under common law rules. In Wheat v E Lacon & Co Ltd 1 All ER 582 it was established that more than one person can be an occupier. In Harris v Birkenhead Corporation it was held that it was possible to be an occupier without having physical possession of the house if the "occupier" has legal control of the property. Section 1(3) extends the standards set by the Act not only to land but to any fixed or movable structure, which includes ships and aircraft.
Read more about this topic: Occupiers' Liability Act 1957
Famous quotes containing the word act:
“It is difficult for one person to act a play.”
—Chinese proverb.
“All the world is full of inscape and chance left free to act falls into an order as well as purpose.”
—Gerard Manley Hopkins (1844–1889)
“Even the simple act that we call “going to visit a person of our acquaintance” is in part an intellectual act. We fill the physical appearance of the person we see with all the notions we have about him, and in the totality of our impressions about him, these notions play the most important role.”
—Marcel Proust (1871–1922)