This document compares and contrasts the standards of care owed by occupiers to different types of entrants onto their premises. There are three main types of entrants discussed: contractual entrants, invitees, and licensees. Contractual entrants have the highest standard of care owed to them, as there is an express or implied agreement for their entrance. Invitees are owed a duty to not expose them to unusual dangers, as both the occupier and invitee typically have an economic interest. Licensees have an even lower standard of care than invitees, as the occupier does not receive an economic benefit from their presence and licensees are allowed on the premises merely as a matter of grace.
This document compares and contrasts the standards of care owed by occupiers to different types of entrants onto their premises. There are three main types of entrants discussed: contractual entrants, invitees, and licensees. Contractual entrants have the highest standard of care owed to them, as there is an express or implied agreement for their entrance. Invitees are owed a duty to not expose them to unusual dangers, as both the occupier and invitee typically have an economic interest. Licensees have an even lower standard of care than invitees, as the occupier does not receive an economic benefit from their presence and licensees are allowed on the premises merely as a matter of grace.
This document compares and contrasts the standards of care owed by occupiers to different types of entrants onto their premises. There are three main types of entrants discussed: contractual entrants, invitees, and licensees. Contractual entrants have the highest standard of care owed to them, as there is an express or implied agreement for their entrance. Invitees are owed a duty to not expose them to unusual dangers, as both the occupier and invitee typically have an economic interest. Licensees have an even lower standard of care than invitees, as the occupier does not receive an economic benefit from their presence and licensees are allowed on the premises merely as a matter of grace.
This document compares and contrasts the standards of care owed by occupiers to different types of entrants onto their premises. There are three main types of entrants discussed: contractual entrants, invitees, and licensees. Contractual entrants have the highest standard of care owed to them, as there is an express or implied agreement for their entrance. Invitees are owed a duty to not expose them to unusual dangers, as both the occupier and invitee typically have an economic interest. Licensees have an even lower standard of care than invitees, as the occupier does not receive an economic benefit from their presence and licensees are allowed on the premises merely as a matter of grace.
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Comparison
similarities
differences
Standard of care by occupier
Comparison similarities
differences
Standard of care by occupier
Contractual entrants With consent of occupier, which may be expressed or implied Occupier receives economic benefit There is a written/oral/express /implied agreement with regard to entrance into premises, and there is consideration on the part of the entrant Higher than invitee. Take reasonable care to avoid injury arising from foreseeable danger. The scope of the duty to a contractual duty is the widest compared to other types of entrant.
invitees
Invitee With consent of occupier, which may be expressed or implied Enter premise lawfully, but for different purposes. Occupier gains economic advantage by having the invitee on his premises and the invitee himself may have a similar interest. An invitee is therefore invited onto the premises usually for business purposes. Not to expose him to any unusual danger, which includes conceal danger.
Licensee
Invitee does not have contractual right to enter the
premises. However a legal invitee e.g policeman has a statutory right to enter premises. Take reasonable care to prevent injury arising from unusual danger. Scope of duty is narrower.
May have an economic interest for being onto the
premises , but this interest is non-existent on the part of the occupier. Therefore, a licensee is allowed onto the premises as a matter of grace. Take reasonable care not to expose him to a concealed danger, therefore excluding any apparent( and even unusual) danger.
Mersey Docks v Harbour Board v Proctor Leading difference- invitee and invitor- has common interest, the other none. Duty owe to licensee is lower.
