OCCUPIERS' LIABILITY., Study notes of Law

Download OCCUPIERS' LIABILITY. and more Study notes Law in PDF only on Docsity! WESTERN AUSTRALIA. OCCUPIERS' LIABILITY. No. 52 of 1985. AN ACT prescribing the standard of care owed by occupiers and landlords of premises to persons and property on the premises. [Assented to 28 October 1985.] BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:— 1. This Act may be cited as the Occupiers' Short title. Liability Act 1985. Interpreta- tion. No. 52.] Occupiers' Liability. [1985. 2. In this Act, unless the contrary intention appears "occupier of premises" means person occupying or having control of land or other premises; "premises" includes any fixed or movable structure, including any vessel, vehicle or aircraft. 3. This Act binds the Crown. 4. (1) Sections 5 to 7 shall have effect, in place of the rules of the common law, for the purpose of determining the care which an occupier of premises is required, by reason of the occupation or control of the premises, to show towards a person entering on the premises in respect of dangers (a) to that person; or (b) to any property brought on to the premises by, and remaining on the premises in the possession and control of, that person, whether it is owned by that person or by any other person, which are due to the state of the premises or to anything done or omitted to be done on the premises and for which the occupier of premises is by law responsible. (2) Nothing in sections 5 to 7 shall be taken to alter the rules of the common law which determine the person on whom, in relation to any premises, a duty to show the care referred to in subsection (1) towards a person entering those premises is incumbent. Act binds Crown. Application of sections 5 to 7. Duty of care of occupier. 5. (1) Subject to subsections (2) and (3) the care which an occupier of premises is required by reason of the occupation or control of the premises to show towards a person entering on the premises in respect of dangers which are due