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The common law of negligence imposed a duty of care on the occupier of any premises towards any persons who are coming onto the premises.

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Introduction

3b) The common law of negligence imposed a duty of care on the occupier of any premises towards any persons who are coming onto the premises. The law was complicated because distinctions were drawn between the different levels of care required towards contractors, invitees, licensees and trespassers. An occupier is anyone with responsibility for the state of the premises or is able to give permission/consent to enter the premises. These two cases set out the guide lines for occupiers: Wheat v Lacon [1966] 1 All ER 582 - landlord and tenant of pub both owed duty of care to guest injured on stairs. However, no breach on the facts � Harris v Birkenhead Corp [1976] 1 All ER 341 - council was the occupier of a compulsorily purchased house, which was no longer resided in by previous owner. Before 1957 there was no duty of care to anyone but over the years two acts have been produced to provide a duty of care to lawful and unlawful visitors and the Occupiers liability act 1957 (lawful) and 1984 (unlawful) act were produced. In the case of Simon he can be considered as being either an unlawful or lawful visitor so I am going to describe both necessary parts of the acts. Occupier's liability act 1957 established a common duty of care. ...read more.

Middle

Therefore, if an occupier admits children to the premises the child visitor must be reasonably safe. They must also allow that certain dangers (such as a music room) attract children, these are known as allurements. In Jolley v Sutton LBC [2000] 3 All ER 409 - D liable to boy injured repairing boat abandoned on council land. D knew of boat and that it was a danger but took no reasonable care of making the area safe. Glasgow Corp v Taylor [1922] 1 AC 44 - 7 year old died after eating poisonous berries in park. D knew of the berries but took no precautions against children. This is an example of allurements towards children just like what the music room and the guitar is like to Simon as the guitar was his favourite. On the bases of this I would say it's a fine line between whether Simon is looked upon as a lawful or unlawful visitor mainly down to his entrance whether he had implied permission as he had it all the other times but now there was a new danger and she told him not to go into the cupboard. Was he lawful up until he opened the cupboard? If so, the Occupier's liability act 1984 will see if Simon had a duty as an unlawful visitor. Occupier's liability act 1957 establishes a duty of care towards unlawful visitors in certain circumstances. ...read more.

Conclusion

room or just put a pad lock on the cupboard * Presence of allurements- the guitar and to be able to come over and see Karen In the case of Simon there was no warning notice or no efforts to stop him from getting to the faulty guitar apart from. So I would say she did not fulfil her duty towards Simon. Now Simon had passed the 1984 act, the courts would consider any defences available and the ones available are warning notices-there was known, violenti- where you know of the circumstances but still go a head with it as in Ratcliff v McConnell, Ors and Harper Adams College [1999] 1 WLR 670 - P dived into shallow end of open-air swimming pool at night, after drinking. The risk of diving into shallow water was obvious to any adult therefore no duty of care to protect the P. In this case it was an adult and Simon is a child. Karen told not to go into the music room but as a child that would be more of an allurement so that would not suffice. Overall Simon would pass under 1984 act but I would consider contributory negligence as he was told to get permission before entering which he did not. There was no warning notices or effort to stop Simon getting into the music room as she knew he goes into the room frequently. ...read more.

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