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Contractual
entrants
Def: a
person who
is on the
premises
pursuant to
a
contractual
rights
Types
1. Main
purpose
entrant
2. Ancillar
y
purpose
entrant
Definition
Person who enters
the premises for
the purpose of
occupying it, and
who has paid to be
on the premises
e.g tenant or a
guest in the hotel
Standard of care by
occupier
Ensure premises is safe
and adequate for the
purposes for which it is
contracted out, and the
occupier must employ
and exercise reasonable
steps and expertise in
the performance of duty.
This principle is limited
as def cannot be held
liable for defects to the
construction,alteration,
repair or maintenance
that cannot be
reasonably recovered.
Ensure premises are
safe for that particular
purpose.
Case
Maclenan v Segar
Fact: Fire broke and P
injured while escaped.
Held: D liable for failing
to ensure premises
was safe, as no
emergency way out.
Gillmore v London
County Council (floor
slippery)
Held: D liable for
failure to ensure the
floor is suitable for phy
exercise.
Spectators safety:
Occupier must use
Murray v Haaingay
Arena
Invitees
Def: a
person who
enters
premises
with
permission
or on the
authority of
the
occupier.
Purpose of
entry is a
common
interest bet
occupier
and the
invitee.
Legally
authorised
entrants
Business
visitors
Shamsuddin v Yap
Choh Teh
Held: Def contractor
was liable. Policeman
was an invitee and
duty of care was
owned to him.
Indemaur v Dames
( Ps gas-fitter fell thru
a hole, and injured
himself)
Licensee
Def: person
who enter
premises
Public invitees
e.g person go
to a public
toilet or public
swimming
pool. Overlap
with
licensees.
Entrant as of
right
If entrance into a
public buiding
requires the
entrant to pay a
fee, then he is an
invitee.
Aiken v Kingborough
Corporation- suggested
that entrants as of
right cannot be
with
occupiers
permission,
express or
implied.
Occupier
has no
interest
with the
licensee on
his
premises.
lavatory, public
library, public
swimming pool.
Social visitors
Entrant by
implied
permission
categorised as either
an invitee or a
licensee. He does not
seek the gratitious use
of anothers property,
and so he is entitled to
expect that the
premise is reasonably
safe, not only for
himself but for the
public at large.
Yeap Cheng Hock v
Kajima-Taisei Joint
Venture (geologist)
Held: Def liable as the
cause of injury was a
concealed danger and
was known or ought to
be known by the Def.
Datuk Bandaraya v
Ong Kok Peng
a. Occupiers
knowledgeliable if he had
actual
established:
knowledge as to
the existence of
danger and
ought to have
known the
existence.
Case: Hawkins v
Couldson v
Purley
Held: D held
liable as he
knew one of the
steps of the
ladder was
broken although
he did not
realize- the
extent of
danger.
b. Concealed
danger
Case: Latham v
R Johnson-stated
that concealed
danger consists
of sth hidden or
concealed and
the element of
surprise. The
premises look
safe but it is in
fact a trap.
Sufficient if
danger is sth
licensee is not
aware and could
not be expected
to be aware of.
Children
licensee
Yeap Cheng
Hock.
If licensee has
been warned, it
ceases to be
concealed and
he is expected
to take
reasonable care
of himself.
Phillips v Rochester
Corporation- enter to
pluck some fruits.
Danger visible to adult
but not to children.
Element of attraction
was balanced with
Trespasser
Enters
premise
without any
express or
implied
permission
from the
occupier.
Legally authorised
person may
become trespasser
if goes into
restricted area.
Case: Willcox v
Kettel
Where he stays on
the premise
beyond the time
allowed.
Case: Hourigan
Improper use of
premise
Case: GOM v Kong
EE Kim