The law of occupiers of premises liability in an Era of dynamic growth: An analysis of the law applicable to commercial premises in Zambia
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This essay consists of four chapters. Chapter one of this essay is devoted to giving a summary of the general principles of occupiers' liability law and is intended to cover major substantive issues likely to be encountered in any occupiers' liability case. It will also give a historical background to occupiers' liability in an endeavour to help appreciate the changes and modifications taking place in this field of the law.Part one of chapter two discusses the duty of care (i.e. common law and statutory).In discussing this, it will look at the duty of care for specific types of commercial premises including: retail shopping establishments, hotels and motels, restaurants and taverns, public transport terminus, and other commercial premises. This will be achieved by looking at how courts in jurisdictions that have made significant development in this field of the law have applied the concept of the duty of care in commercial premises. Much reliance will be on the British and some jurisdictions in the USA. Part two of chapter two will analyse the law on occupiers' liability in Zambia. It will analyse statutory provisions relevant to the topic, comparing and or contrasting it with the existing law in countries that have made significant developments in this field of the law, notably the USA, Canada, Britain and any other modern societies.Chapter three will look at common commercial premises defects in Zambia and injuries resulting from such defects. Using statutory and case law, both Zambian and comparable and persuasive foreign authorities, this part of the chapter will discuss the position of the law in relation to these defects and resulting injury and will make an evaluation of what the position would have been had the same defects and all facts existed in other jurisdictions, particularly the American and British.Chapter four consists of the general conclusion. Here, a summery of important points in this essay will be given. Further, some recommendations where necessary in this area of law in Zambia will be given.The justification for this study is that it will be of great assistance not only to the bench, the trial bar and the student of tort law, but also to occupiers of various premises and visitors generally. It addresses such issues as how far a person in possession or occupation of premises is under a duty to avoid bringing situations that give others an opportunity to harm themselves (or indeed third parties) while on the premises? What right does someone who suffers injury while on another's premises have? The Essay identifies most of the contentious issues in the law in force in this country and gives recommendations on how such issues may be addressed. The work is not exhaustive and as such, there is still plenty of space for more research in this field of law.
- Law