Law of Tort

Law of Tort

  • Submitted By: Roesph
  • Date Submitted: 02/10/2009 4:41 AM
  • Category: Miscellaneous
  • Words: 2462
  • Page: 10
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In this presentation we are going to look at the impact of the case: Weir-Rodgers v SF Trust (2005) and its implications on property owners in Ireland. The case fell under the Occupiers liability act 1995, firstly we will look in depth into the implications of this act, and then we will look at how it relates to the Weir-Rodger v. SF Trust (2005) case. The foundations of occupiers liability was a result of the Law of Tort. The case was firstly brought to the High Court and then with the decision appealed the case went to the Supreme Court, this led to the Supreme Court handing down its first decision considering the provisions of the 1995 Act.

Law of Tort:
Occupiers Law under the Law of Tort covered injuries suffered by entrants while on the private land of the occupier. The introduction of the 1995 Act radically altered the liability of the occupier in a way that more obligations were put on the side of the occupier to ensure the safety of land users. “In the 20 years prior to this enactment, the common law was characterised by the courts’ benevolent attitude to persons who entered land without permission and subsequently suffered injury” (Burke & Corbett 2003, p. 95) This is clearly shown by the Supreme Court decision in the case McNamara v. Electricity Supply Board (1975). This case involved an infant trespassing onto one of the defendant’s sub-stations and suffering serious injures. The ESB were found liable for not showing the infant a duty to take reasonable care for his safety even though there was a benevolent attitude before this case towards trespassers. This case was the basis of the creation of the Occupiers Liability Act (1995).

Why and How the Occupiers Liability Act was introduced:
This act came into affect on 17th June 1995 and introduced a scheme of liability governing the relationship between occupiers of property and entrants to that property. The implementation of this act stemmed principally from concerns arising out...

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