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We are asked to advise Sloth as to liability, if any, in Tort.
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We are asked to advise Sloth as to liability, if any, in Tort. Let us begin by establishing 3 essential elements required for Sloth to be liable: 1. Was there a duty of care owed; 2. Has that duty been breached; and 3. What was the resulting damage as a result of the breach Sloth both owns and occupies 'Great Shambles'. It seems likely that he will be treated as an occupier under the Occupiers' Liability Act (OLA) 1957 on the basis that he is control of the premises1. Sloth v Graft The liability of an occupier in respect of loss or injury suffered by those who come lawfully upon his premises is primarily governed by the OLA2. The statutory duty is to take reasonable care; there is little or no difference between an action under the Act and one for breach of a common law duty of care. Although the Donoghue v Stephenson...
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