Page 99 - PRINCIPLE OF LAW- FINAL (eISBN) pdf

Politeknik Kota Bharu

(iii) Licensee: person who enter the premises with the

occupier’s gratuitous permission (express or implied)

4 types:

i. Entrant as of right – premises which is open for public

(public park, public library, and government hospital).

ii. Social visitors – visit private premises with permission

of occupier by invitation (no economic/materialistic).

iii. Entrant by implied permission – the court implied the

license (to get to other side of land).

iv. Children licensees – the duty is higher as a children

can’t be expected to aware of danger that obvious to

adult).

(iv) Trespasser: person who enters premises without any

express or implied permission of the occupier (may not be

known) such as wandering child, thief, lost way, or

▪ Person enter the restricted area, or stays beyond the

time allowed to him.

▪ Trespasser may be liable in trespass to land.

▪ Occupier does not owe a duty to trespasser unless

i. The trespasser is children.

ii. Occupier knows/reasonable believe there is risks

exist in the premises.

iii. Occupier knows/reasonable believe that the

trespasser is in risks.

iv. Occupier expected to offer some protection toward

the risks.

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