Philosophy 2080 Lecture Notes - Lecture 6: Home Insurance, Statutory Interpretation, Implied Consent
20 Nov 2017
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Occupier"s libility: an occupier is an occupier of land, and includes a person who owns or leases land. An occupier owes a duty of care to anyone who enters his or her land: applies to taverns, hotels, private parties. Example: in (cid:396)eality, i(cid:374) a typi(cid:272)al (cid:862)slip-and-fall(cid:863) (cid:272)ase at the (cid:373)all, a plai(cid:374)tiff (cid:272)ould (cid:271)e sui(cid:374)g the store proprietor, the entity holding the commercial lease, the actual land owner, and potentially the municipality, to name but a few. At common law, there are three categories of persons entering lands not their own, and the occupier owes varying duties of care to each one. 1990: abolished the distinction between invitees and licensees, the same duty is owed to both. Now the act sets out obligations and liabilities of occupiers and persons entering the lands: duty to take reasonable care to ensure safety of persons, note the obligations to trespassers.
