Law/Judiciary
The Liability of An Occupier At “Common Law”
At Common Law, the liability of an occupier
to a person coming into his premises depends on the category of entrant the person falls into. At common law entering are clarifies into three categories as follows:
1. Invitees
2. Licenses, and
3. Trespasser
Invitees
An invitees is a person who is on a property by the express or implied invitation of the occupier. He is someone who is asked expressly or implied to be on a property for the business or interest of the invitor.
An invites is a person who has been invited to enter a property by an occupier by any other person staying with the occupier thus an invitee is a person who comes into a property with the consent of the occupier, for instance, for a business or matter in which he and the occupier have a common interest. For this reasons, he is also otherwise also called a license with an interest, because he comes with the consent of the occupier in pursuit of a common interest, that is, a purpose in which both himself and the occupier has an interest. Examples of invitees, or a licensee with an interest are invited guest at an occasion, fee paying lodgers at a hotel, customers, clients of a business on the premises, such as an office, supermarket, Cinema hall, restaurant amusement park, commercial vehicle, sanitary inspector, portman, electricity personnel and so forth.
At common law an occupier owes a duty to exercise reasonable care for the safety of his invitees from dangers, which he knows or ought to know about on his own part, an invitee is also expected to use and exercise reasonable care for his own safety, whilst on a premises.
Licenses
At common law, a license is a person who has the permission of an occupier to be on a premises for a purpose in which the occupier has no interest it is any person who has the mere free permission, leave, or consent of an occupier to on a property for his own personal purpose, A mere license is always revocable, that is the permission give to a licensee is revocable. This is opposed to a licensee who has a mutual interest with the occupier and who is otherwise known as the occupier and who is otherwise known as the invitee. In other words, a licensee is known as person who express or implied permission to be on a premisesed for his own business or purposes in which the occupier or licensor does not have interest. A license may be bare, in which cases it is gratuitous. A bare mere or gratuitous license is always revocable at any time.