Occupiers' Liability

ISBN-13: 9780199680641 / Angielski / Twarda / 2014 / 304 str.

Peter North

Opis

Occupiers' liability is an area of tort law rich in statutory material and jurisprudence, having developed outside the framework of general negligence liability. It governs the duty of care which an occupier, landlord or builder owes to people who visit or trespass on their land. As the only text offering in depth analysis and commentary on the legislation and case law surrounding occupiers' liability, this book represents a key reference text for all those involved in advising on or researching this area.
Each aspect of the law in this area is examined in detail, with the definitions of premises, occupiers, visitors, and trespassers analysed through a substantial body of case law. The types of harm which occupiers may be liable for and the available defences are also given detailed discussion. Further chapters are devoted to the specific provisions and precedents governing the scope of the statutory duty of care, liability of independent contractors, and the liability of occupiers to those who enter premises under contract.
The text also covers the statutory regime and case law surrounding liability for defective premises under the Defective Premises Act 1972, which replaced provisions relating to this under the 1957 Occupiers' Liability Act.
The book includes the full text of both the 1957 and the 1984 Occupiers' Liability Acts and of the Defective Premises Act 1972.

Recenzje

Given that the 1957 Act has served as a model, albeit with degrees of variation, for reforming legislation in many countries, the relevance and appeal of this book clearly extend beyond the English jurisdiction. Awareness of the comparative context is amply demonstrated, and references are made throughout to legal points and issues arising in different jurisdictions. The intended readership is practitioners in the field and academics with an interest in torts or delict. It would also make an excellent text for honours level students and, while not aimed at such a readership, it is sufficiently clear, accessible, and interesting that it could be recommended to students at any level sufficiently interested in the subject to read beyond the standard materials. As a resource for drawing comparisons and providing insights into this area of civil liability, Occupiersâ Liability is a truly useful addition to private law literature.

O autorze

Sir Peter North, Formerly Principal of Jesus College, University of Oxford, is the Editor of Cheshire North & Fawcett: Private International Law (OUP, 2008), author of Essays in Private International Law (1993 OUP) and of Civil Liability for Animals (OUP 2012) and an internationally renowned legal scholar.