Occupiers' Liability Act 1957 - Act

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:

    Each act of criticism is general
    But, in cutting itself off from all the others,
    Explicit enough.
    John Ashbery (b. 1927)

    Remember that you are an actor in a drama, of such a part as it may please the master to assign you, for a long time or for a little as he may choose. And if he will you to take the part of a poor man, or a cripple, or a ruler, or a private citizen, then may you act that part with grace! For to act well the part that is allotted to us, that indeed is ours to do, but to choose it is another’s.
    Epictetus (c. 55–135 B.C.)

    You know you don’t have to act with me, Steve. You don’t have to say anything, and you don’t have to do anything. Not a thing. Oh, maybe just whistle. You know how to whistle, don’t you, Steve? You just put your lips together, and blow.
    Jules Furthman (1888–1960)