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Set out together with your reasoning how any of the parties might be able to bring a claim under occupiers' liability. (Essay Sample)

Instructions:

please refer to this scenario for the essay and then write the essay thank you.
Essar Oil Ltd has a refinery in Ellesmere Port, Liverpool. At the refinery there are a number of large oil facilities. In January a fire broke out at the Oil refinery and threatened to cause an explosion. The fire caused some damage to one of the oil storage facilities which started to leak. Some oil ignited and poured out of the storage facility and into the nearby Redrow Housing Estate. When the oil reached the Redrow estate the fire had dissipated but the oil seeped into the land of a number of residents and in particular under the house of Mr and Mrs Pool.
On route the oil ignited and burnt down a small nature reserve owned by the Ruddan Ducks Society.
The oil storage facility had a fishpond next to its staff canteen and oil pooled into the pond. That night there was a huge storm which was quite fortunate because it assisted the fire service in putting out the fire, but the pond flooded, and its contents poured onto the farm of Famer Giles.
The fire service also decided that one of the safest courses of action in order to contain the fire was to build a soil dam and divert the oil into a nearby river. This worked successfully but the oil travelled.

 

1. Set out together with your reasoning how any of the parties might be able to bring a claim under occupiers' liability.

source..
Content:


SET OUT TOGETHER WITH YOUR REASONING HOW ANY OF THE PARTIES MIGHT BE ABLE TO BRING A CLAIM UNDER OCCUPIERS' LIABILITY AND COMPARISONS BETWEEN OCCUPIERS’ACTS OF 1957 AND 1984
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SET OUT TOGETHER WITH YOUR REASONING HOW ANY OF THE PARTIES MIGHT BE ABLE TO BRING A CLAIM UNDER OCCUPIERS' LIABILITY AND COMPARISONS BETWEEN OCCUPIERS’ACTS OF 1957 AND 1984
Section One: Set out together with your reasoning how any parties might be able to bring a claim under occupier’s liability
The liability of an occupier of any premise or land is anchored on the fundamental condition that the relevant party will undertake activities within such a premise or land. The occupant is defined as the occupant who has control over the said land, premise, or property. In other words, occupiers' liability refers to the duty owed by landowners to parties who come onto their land. The Occupiers' Liability Act 1957 confers an occupier a universal duty of care to all his visitors’ including those who are invited or have permission to enter the premise or land (Kodilinye, 2014 pp.204-219). It must be noted that the duty of care may vary and this can be illustrated by the Occupiers' Liability Act 1984, which allows the occupier to owe a duty of care to specific persons other than visitors, with the condition that the occupier has a reasonable ground to believe that there are dangers within the premise or land, that he or she needs to undertake some measures to ensure the protection of others. The occupiers’ Acts are crucial because it aids in the establishment of the extent of the duty of care amongst to occupiers with intent of ensuring that other parties do not suffer from consequential harms that relate to occupiers’ premises, activities, processes, or property.

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