HOW TO ANSWER

OCCUPIERS
LIABILITY PROBLEM
QUESTION
PROF DR PUTERI NEMIE
JAHN KASSIM
LAW 1341
Introduction
• Define Occupiers Liability

• State the Applicable Law

• Briefly – Occ owe duty to 4 category according to

descending scale under Common Law
Body

• 1st Legal Issue – Decide who is the Occupier – relevant principle of

law – extract facts – apply – distinguish with cases

• 2nd Legal Issue and the rest of legal issues on entrants – to repeat for
the rest of the entrant –
❖Decide the category of entrant - justify through facts, definition and
case law
❖What is the duty of occupier – principle of law – case
❖Has the occupier discharge the duty – extract facts – distinguish
cases – analyse – comment and decide
Body…continue

• For example -

• Ali is an invitee because …justify with definition of invitee and extract

relevant facts
• State principle on unusual danger – define and check is it usual or
unusual – has occupier done anything to prevent the unusual danger
• If children – to consider whether what is usual to adult may not be
usual to a child - issues on parental supervision