Monday, February 10, 2020

Real estate law- principles of tort Coursework Example | Topics and Well Written Essays - 1750 words

Real estate law- principles of tort - Coursework Example 2011). The most controversial and contentious area of tort is on the obligation of landowners towards persons who make a trip to their land. In common law, land was divided into the areas below: invitees, licensees and trespassers (Claeys, et al 2013). The invitee owes the uppermost duty of care while the lowermost duty is owed by the trespassers (Fordham, 2014). In the UK, the laws of Torts have greatly assisted to solve conundrums ascribed to to land. Prior to delving into the principles of torts, it is essential to first understand the concept of an occupier’s liability and how it is relevant in the UK. The legislative arm of the UK has passed two laws to determine the responsibility of the occupier (Gathii, James. 2015). The first law tackles concerns or matters regarding a visitor. The second law is ascribed to another person who is not a visitor. Mutually, the Occupiers Liability Acts of 1957 and 1984Â  inflict responsibility on occupiers rather than what it places on landowners (Williams, 2010). Only facts can determine whether a person is an occupier or not. However, it greatly depends on the extent of power exercised. The yardstick that is used is that of occupational control. That is because more than one employee may be occupying the premises. According to Kenny (2015), the Occupiers Liability Act of 1957 enforces responsibility on occupiers with regard to lawful visitors. The Occupiers Liability of 1984 enforces a responsibility on occupiers in view of persons other than a visitor (Oliphant, 2013). This statute highlights that there is no duty to trespassers, except inflicting malicious injury upon them ( This statute gives the landowner reassurance that he/she owns the land but tries to refrain him from injuring any trespassers that he may encounter. The occupier also has a duty to the invitee; this means that any person who he has given legal access to his land

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