THE RESPONSIBILITY OF AN OCCUPIER TO THOSE WHO ENTER AS OF RIGHT

Authors

  • G W PATON

Keywords:

Negligence

Abstract

In this article the author discusses the responsibility owed by an occupier to different classes of entrants. First, the author briefly examines the confusion surrounding the rules relating to invitees, licensees, and trespassers. He then embarks on a discussion of six broad divisions that have been adopted in an attempt to clarify the uncertainty surrounding the different entrants. Specifically, he discusses the entry on land or premises owned by public utilities, the entry into public parks and similar amenities where there is no charge for admission and the public has a right to go, the use of highways running across private land, entry because of a privilege given to a private person by the law, entry for a public purpose by authority of the law, and entry for a public purpose by authority of the law in order to protect an interest of the occupier. In concluding his article, the author then suggests three broad categories into which he believes those who enter as of right should be divided, but points out his hesitancy in suggesting this classification.

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Published

1940-12-31

Issue

Section

Legal Commentary