owners and occupiers of land

Question 1

Outside the premises factor test

Answer 1

i. Whether the D has, under the circumstances taken rsbl care about the condition of the property to prevent it creating a hazard
ii. Factors: location, use of property, customary practice

Question 2

active conduct

Answer 2

Reasonable foreseeability test = reasonable use of property

Question 3

anticipation of trespassers

Answer 3

i. In absence of pre-existing relationship, no duty should be found that would require the property owner to act in anticipation of the trespassers
ii. If the presence of the trespasser is known, the duty will arise to take rsbl care or not act wantonly

Question 4

trespassers majority

Answer 4

duty of “ordinary care” and to avoid injury to trespassers, ONLY once the trespasser is discovered

Question 5

trespassers minority

Answer 5

the only duty a land possessor owes to flagrant trespassers is the duty not to act in an intentional, willful, or wanton manner to cause physical harm

Question 6

duty to invitee

Answer 6

• duty to protect the entrant against unusual dangers of which the occupier knew or should have known
• duty is more intrusive, P must take rsbl positive steps

Question 7

duty to licensee

Answer 7

• Duty to warn them of (concealed) traps of which the occupier knew
• An owner/occupier has a duty to warn licensees of a known dangerous condition creating an unreasonable risk of harm to the licensee and that the licensee is unlikely to discover.
• duty to exercise reasonable care in the conduct of “active operations” for the protection of the licensee whom he knows to be on the property

Question 8

rsbl care invitees

Answer 8

An owner/occupier has a general duty to invitees to use reasonable and ordinary care in keeping the property reasonably safe for the benefit of the invitee

Question 9

LL is liable for

Answer 9

1. Undisclosed dangerouse condition known to lessor and unknown to the lessee
2. Conditions dangerous to persons outside of the premises
3. Premises leased for admission of the public
4. Parts of land retained in lessors control which lessee is entitles to use
5. Where lessor contracts to repair
6. Negligence by lessor in making repairs

Question 10

warranty of habitability

Answer 10

imposes an obligation that should be of benefit to third parties

Question 11

LL special duty elements

Answer 11

1. the LL’s ability to exercise control
2. the LL’s advantageous position in exercising that control and minimizing risks
3. the knowledge of the LL abt the risk of criminal behavior

Question 12

new LL & L rule

Answer 12

due to “modern social conditions”
- LL owes duty to exercise ordinary care in the maintenance of the premises