Western Australian Current Acts

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OCCUPIERS' LIABILITY ACT 1985 - SECT 4

4 .         Application of s. 5 to 7

        (1)         Sections 5 to 7 shall have effect, in place of the rules of the common law, for the purpose of determining the care which an occupier of premises is required, by reason of the occupation or control of the premises, to show towards a person entering on the premises in respect of dangers —

            (a)         to that person; or

            (b)         to any property brought on to the premises by, and remaining on the premises in the possession and control of, that person, whether it is owned by that person or by any other person,

                which are due to the state of the premises or to anything done or omitted to be done on the premises and for which the occupier of premises is by law responsible.

        (2)         Nothing in sections 5 to 7 shall be taken to alter the rules of the common law which determine the person on whom, in relation to any premises, a duty to show the care referred to in subsection (1) towards a person entering those premises is incumbent.



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