Help Keep Boards Alive. Support us by going ad free today. See here: https://subscriptions.boards.ie/.
If we do not hit our goal we will be forced to close the site.

Current status: https://keepboardsalive.com/

Annual subs are best for most impact. If you are still undecided on going Ad Free - you can also donate using the Paypal Donate option. All contribution helps. Thank you.

https://www.boards.ie/group/1878-subscribers-forum

Private Group for paid up members of Boards.ie. Join the club.

Occupier's Liability Common Law, To what extent does it still Apply?

leavingcert212 · 2014-03-16 18:43:47

Just wondering to what extent it still applies? I know if it's injury due to an activity and not the state of the premises, it doesn't fall under the 1995 Act and the common law applies but I feel like I'm missing something here, is there any way else it still does? A little confused!

16-03-2014 07:43PM

#1
leavingcert212

Closed Accounts Posts: 4 ✭

Join Date: May 2013

Posts: 1
Just wondering to what extent it still applies? I know if it's injury due to an activity and not the state of the premises, it doesn't fall under the 1995 Act and the common law applies but I feel like I'm missing something here, is there any way else it still does? A little confused!

Tagged:

law exam

occupier's liability

0

Comments

#2 16-03-2014 07:52PM

chops018

Registered Users, Registered Users 2 Posts: 2,458 ✭✭✭

Join Date: October 2009

Posts: 2147

Section 2 of the 1995 Act provides that the rights, duties and liabilities under the Act shall replace the Common Law in relation to Occupier's Liability.

What do you mean due to an activity?

If someone was injured by an activity by someone on the premises then surely general negligence principles would be the correct area to look at? If indeed it was as a result of negligent behavior.

0