Occupiers' Liability from the Common Law

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The first point to note when analysing occupiers’ liability is that originally it was separate to the general principles of negligence which were outlined in Donoghue v Stevenson .The reason for this “pigeon hole approach” was that the key decision of occupiers’ liability, Indermaur v Dames was decided sixty six years prior to the landmark decision of Donoghue v Stevenson . McMahon and Binchy state the reason why it was not engulfed into general negligence, was because it “… had become too firmly entrenched by 1932 … to be swamped by another judicial cross-current” Following on from Indermaur v Dames the courts developed four distinct categories of entrant which I will now examine in turn. The first category of entrant is that of a contractual entrant. This class of entrant is defined by McMahon and Binchy as someone who enters “premises in pursuance of a contract between himself or herself and the occupier” . The classic examples of this category include sports spectators and concert goers. The duty owed to this type of entrant was found in the terms of the contract. If no such terms existed, as stated in the Law Reform Commission, “there is an implied term on the part of the occupier that he has taken reasonable care to make the premises safe for the contemplated purposes” . An example of implying terms can be found in the case of Callaghan v Killarney Race Course . The case centred around an injury suffered by a spectator at the races and whether the occupiers had acted with reasonable care. Maguire CJ noted that “There were no terms of contract between him and the defendant Company and the contract between them is to be implied from the circumstances of the case.” The Supreme Court dismissed the case as it was felt... ... middle of paper ... ...rts (4th edition Bloomsbury Professional, Dublin 2013)435 McMahon and Binchy, Law of Torts (4th edition Bloomsbury Professional, Dublin 2013)435 Latham v Johnson [1913] 1 KB 398 Cooke v Midland Great Western Railway of Ireland [1909] AC 229 Donovan v Landy Ltd [1963] IR 441 Donovan v Landy Ltd [1963] IR 441 at 446 Purtill v Athlone UDC [1968] IR 205 Purtill v Athlone UDC [1968] IR 205 at 212 McNamara v ESB [1975] IR 1 Occupiers’ Liability Act 1957 , s. 1(1) Glasgow Corporation v Taylor [1922] A.C. 44 Addie v Dumbreck [1929] AC 358 [1929] AC 358 British Railways Board v Herrington [1972] British Railways Board v Herrington [1972] 1 AII ER at 795 British Railways Board v Herrington [1972] 1 AII ER at 795 Redford v Courtown(Co Wexford) Golf Club Rooney v Connolly [1987] ILRM 768 Occupiers’ Liability 1995, s 1(1)

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