HAUSSOC
ATRC
BY
AFFILIATION
The Gescles brothers lost their
business due to short-sightedness
and tactlessness? Po you agree with
this view ?
Answers
Answer:
As per the principle of occupier's liability laid down in the case of Wheat v Lacon an occupier owes a reasonable duty of care to all visitors who include entrants as of right, contractually present on the premises, lawfully present or present unlawfully but preparing to leave on realizing of unlawful presence. However, as was established in another case of Burton Construction and Shipbuilding Co. v Broussard, a person may be invitee to one part of the premises but not to the other parts. So, an occupier is liable only to the extent of injury sustained by the user while using the area designated for his accommodation or use. No liability for damage is sustainable when it cannot be reasonably concluded that the visitor would attempt to go to that place. In this case, Radhika could not have assumed that her brother would attempt to go to the boundary walls.