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This Act defines the duty of care that the occupier has to people who enter his premises lawfully. A duty may also arise in respect of unlawful entrants -- trespassers -- as defined in the Occupiers' Liability Act (1984).
The 1957 Act does not replace or supplant the principles of common law Negligence that apply to occupiers; it simply states what the duty of care is. A claimant therefore does not have to overcome the first hurdle in a negligence action -- that of showing there was a duty of care. The duty is to take such care as is reasonable in the circumstances to see that the visitor is reasonably safe for the purposes for which he is permitted to be there.
This Act defines the Duty of care that the occupier has to people who enter his premises lawfully. A duty may also arise in respect of unlawful entrants -- trespassers -- as defined in the Occupiers' Liability Act (1984).
The 1957 Act does not replace or supplant the principles of common law Negligence that apply to occupiers; it simply states what the duty of care is. A claimant therefore does not have to overcome the first hurdle in a negligence action -- that of showing there was a duty of care. The duty is to take such care as is reasonable in the circumstances to see that the visitor is reasonably safe for the purposes for which he is permitted to be there.
Long Title : An Act to amend the law of England and Wales 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, to make provision as to the operation in relation to the Crown of laws made by the Parliament of Northern Ireland for similar purposes or otherwise amending the law of tort, and for purposes connected therewith

