question on English tort law the occupiers liability act 1957.?

Question

What is the different between an 'invitee' and a 'licensee'? Also what is implied and express invitation? Can a licensee and invitee both have impied and express permission to enter a premises?

Answer 1

As I understand it, an invitee is someone who is entitled to enter premises as a member of the public. I am an invitee when I visit a museum, a church, a public park, a court of law, a bank, a shop, etc. etc. Where premises are not open to the public in this way, I am entitled to enter only by invitation, whereupon I become a licensee. An express invitation is what it says: a word or gesture inviting me in. An implied invitation consists in the very fact of the premises being clearly accessible to me should I choose to enter them. I think that certain people can have both express and implied permission to enter premises: a landlord entering in specific circumstances under the terms of a lease would have the right to enter by virtue of the previously signed agreement: S2(6) of the Act provides that persons entering premises for any purpose in the exercise of a right conferred by law are to be treated as having the occupier’s permission to be there.The police have powers to enter and search premises under certain circumstances, anda search warrant can be issued by a magistrate to police officers searching for stolengoods, drugs or pornographic material, or to Customs officers, collectors of taxes,social workers or bailiffs. Officials of the electricity, gas and water companies, TV licensing officers, public health officers, VAT inspectors and firemen on duty alsohave a right to enter premises without a warrant to perform certain duties. Members of the fire brigade are entitled to enter premises in order to extinguish fires. The occupier may, of course, bid them heartily welcome, in which case they would have express permission as well as implied permission to enter in the course of their duties.

Answer 2

Hi stav,

It has been a couple of years but here goes.

An invitee is a person who has been invited to enter a property by the owner or authorised person.

A licencee is a person who remains on a premesis with permission but not as a tenant or anyone with a legal or equitable interest in the premesis for example, my gran moves into my house but she does not pay any rent or other expenses and has no legal or equitable interest in the property.

an express invitation is where you have formally asked someone to enter your property such as your neighbour is asked in for a coffee.

Implied invitation often applies to the authorities, a policeman enters your property because a neighbour saw an intruder in your garden while you were at work. He has gone into your garden to investigate. He has an implied invitation because he is executing his lawful duty.

In the case of a pub your invitation is implied because it is a public house and you enter the public bar without asking permission. The premesis are private property though.

It is implied that there is an invitation so you can conduct business with the landlord, buy a drink.

These are the basics.

Hope this helps.

Answer 3

Occupiers can shrink criminal accountability to a great volume, despite the fact that if the act contraptions out specific minimum expectancies a centred visitor to the premises can anticipate. Occipiers can by no skill shrink criminal accountability for dying or own injury. The signs and indications you spot in some places claiming to shrink criminal accountability for dying and private injury at the instant are not very well worth the board they're written on! i'm a solicitor. To recite to you all that the act covers could propose reproducing the act in finished. I propose you acquire it and study it your self, then boost a greater particular question.