CHAPTER 64
OCCUPIERS LIABILITY ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

   1.   Short title.

   2.   Preliminary.

   3.   Extent of occupier's ordinary duty.

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

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

   6.   Implied term in contracts.

   7.   Act to bind Republic.

CHAPTER 64
THE OCCUPIERS LIABILITY ACT

An Act to prescribe 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 on such land or property.

[1st December, 1968]

Act No. 54 of 1968

1.   Short title

   This Act may be cited as the Occupiers Liability Act.

2.   Preliminary

   (1) This Act 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 premises or to things done or omitted to be done on them.

   (2) The Act 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 that person gives or is to be treated as giving, to another person to enter or use the premises, but the Act does 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 this Act, 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 provisions of this Act relating to an occupier of premises and his visitors, shall also apply in like manner and to the same 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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