OCCUPIERS' LIABILITY ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Rules of common altered

   3   Extent of occupier's ordinary duty

   4   Effect of contract or occupier's liability to third party

   5   Landlord's liability in virtue of obligation to repair

   6   Implied terms in contracts

   7   Application to Crown

 

THE OCCUPIERS' LIABILITY ACT

[Date of Commencement: 1st October, 1969]

Act 24 of 1969.

1   Short title

   This Act may be cited as the Occupiers' Liability Act.

Liability in tort

2   Rules of common altered

   (1) The rules enacted by sections 3 and 4 shall have effect, in place of the rules of the common law, to regulate the duty which an occupier of premises owes to his visitors in respect of dangers due to the state of the premises or to things done or omitted to be done on them.

   (2) The rules so enacted shall regulate the nature of the duty imposed by law in consequence of a person's occupation or control of premises and of any invitation or permission he gives (or is to be treated as giving) to another to enter or use the premises, but they shall not alter the rules of the common law as to the persons on whom a duty is so imposed or to whom it is owed; and accordingly, for the purpose of the rules so enacted, the persons who are to be treated as an occupier and as his visitors are the same as the persons who would at common law be treated as an occupier and as his invitees or licensees.

   (3) The rules so enacted in relation to an occupier of premises and his visitors shall also apply, in like manner and to the same extent as the principles applicable at common law to an occupier of premises and his invitees or licensees would apply, to regulate-

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