Glossary - Index "O"
Real Estate Terms and Site Index "O"
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Occupier's liability - liability of an occupier of land or premises to persons coming on the land. The occupier for this purpose is the person or persons who has control over the premises. At common law an occupier's liability varies according to whether the person on the land entered under a contract, as an invitee, as a licensee, or as a trespasser. The common law rules have been replaced by statutes. The English statutes distinguish between visitors and other persons on land. The Occupiers' Liability Act 1957 imposes on an occupier a common duty of care to all visitors (i.e. those who enter by his invitation or with his permission) to ensure that they will be reasonably safe in using the premises for the purpose for which they were invited or permitted to be there. Under the Occupiers' Liability Act 1984, an occupier only owes a duty to persons other than visitors (i.e. trespassers and persons who enter lawfully but without the occupier's permission) if the occupier is aware or has reasonable grounds to know of a danger on the premises and that a person may be in the vicinity of the danger and the risk is one against which he may reasonably be expected to offer some protection. The duty, if any, is confined to taking such care as is reasonable in all the circumstances to see that the danger does not cause death or personal injury to the person concerned. In Scotland, the Occupiers' Liability (Scotland) Act 1960 requires that all persons entering the premises are shown such care as is "reasonable in all the circumstances of the case."
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Open Market Value - Open Market Rent or Value when applied in Rent Reviews is academic or hypothetical in concept and could be defined as: "the best rent a property might achieve if on the open market at the review date with vacant possession, using standard market methods, without extra incentives, given a willing landlord and tenant, and taking into account the lease terms." LandlordZONE/FAQ
Never rely totally on this information which relates primarily to England & Wales. Before taking action or not, seek expert advice with the full facts of your case and all documents to hand.
