AFM231 Chapter Notes - Chapter 12: Indictable Offence, Punitive Damages, Product Liability
Document Summary
Occupier is someone who has some degree of control over land or buildings on that land. It is possible to have multiple occupiers of a piece of land or a building. Invitee is any person who comes onto the property to provide the occupier with a benefit. Examples include customers, and delivery or service personnel: occupier must warn the invitee of any unusual danger that he or she knows of. There is no requirement to warn of usual or common dangers that the reasonable person would expect: licensee is any person whose presence is not a benefit to the occupier but to which the occupier has no objection. The occupier still owes a duty not to create a danger with reckless disregard: slip and fall is applicable for tort of negligence as well as occupiers" liability legislation. Intrusion must be significant and unreasonable: nuisance will not arise if the intrusion is only temporary.