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:
“The experience of a sense of guilt for wrong-doing is necessary for the development of self-control. The guilt feelings will later serve as a warning signal which the child can produce himself when an impulse to repeat the naughty act comes over him. When the child can produce his on warning signals, independent of the actual presence of the adult, he is on the way to developing a conscience.”
—Selma H. Fraiberg (20th century)
“—the main jet
Struggling aloft unti it seems at rest
In the act of rising, until
The very wish of water is reversed,”
—Richard Wilbur (b. 1921)
“Youth doesn’t reason, it acts. The old man reasons and would like to make the others act in his place.”
—Francis Picabia (1878–1953)