CHAPTER 70
OCCUPIERS' LIABILITY ACT

Arrangement of Sections

   Section

   1.   Short title

   2.   Preliminary

   3.   Duty of occupier of premises

   4.   Effect of contract on occupier's liability to third party

   5.   Landlord's liability by virtue of obligation to repair

   6.   Implied terms in contracts

   7.   Application to the Republic

AN ACT

to amend the law as to the liability of occupiers and others for injury or damage resulting to persons or goods lawfully on any land or other property from dangers due to the state of the property or to things done or omitted to be done there; and to provide for matters incidental to or connected therewith.

[16th August, 1963]

Act 33 of 1963,

Act 27of 1965.

1.   Short title

This Act may be cited as the Occupiers' Liability Act.

2.   Preliminary

   (1) The rules enacted by the two next following sub-sections shall have effect, in place of the rules of the common law, to regulate the duty which an occupier of premises owes to his visitors in respect of dangers due to the state of the premises or to things done or omitted to be done on them.

   (2) The rules so enacted shall regulate the nature of the duty imposed by law in consequence of a person's occupation or control of premises and of any invitation or permission he gives (or is to be treated as giving) to another to enter or use the premises, but they shall not alter the rules of the common law as to the persons on whom a duty is so imposed or to whom it is owed; and accordingly, for the purpose of the rules so enacted, the persons who are to be treated as an occupier and as his visitors are the same as the persons who would at common law be treated as an occupier and as his invitees or licensees.

   (3) The rules so enacted in relation to an occupier of premises and his visitors shall also apply, in like manner and to the like extent as the principles applicable at common law to an occupier of premises and his invitees or licensees would apply, to regulate—

      (a)   the obligations of a person occupying or having control over any fixed or movable structure, including any vessel, vehicle or aircraft; and

      (b)   the obligations of a person occupying or having control over any premises or structure in respect of damage to property including the property of persons who are not themselves his visitors.

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