Business law Case Study Example | Topics and Well Written Essays - 1250 words

Business law - Case Study ExampleThe customer or other persons should be protected from harm not scarcely while he is performing a business transaction but also while entering and leaving the premises. This case comes on a lower floor the purview of house physicians Liability Act 1957.The Occupiers Liability Act 1957 regulates occupiers liability to visitors or customers who pay visit to their premises. S 1(2) of the Act defines visitors as persons who enter the premises with the licence by the occupier. The Learned Wig is a shop where visitors are invited to do a business transaction. As per the law, visitors are those persons who have the express or implied permission of the occupier to be on the premises to carry out a transaction. Therefore, enthalpy was a visitor to the occupiers premises and hence comes under the provisions of this Act. If Henry was a trespasser the case would have come under the Occupiers Liability Act 1984.Section 2(4)(a) of Occupiers Liability Act 1957 declares that a pattern will only discharge the occupiers duty regarding danger, but the model should be reasonable and must possess necessary guidelines to avoid such dangers. In Henrys case there was no warning implying Henry to keep away from the pile of books, which was going to fall on him. A simple warning like do not touch or enter at your own risk could not be treat as warning because it is exclusively insufficient to invite the attention of the visitors against the danger waiting for them. The warning provided by The Learned Wig is not specific and is a willful desistance from taking liability of injuries caused by their negligence. The warning, which the management has put, was nothing but a sign cautioning the customers, and the same had hidden motives and was not expressive to the visitor or to the customer, and hence it cannot be treated as a sufficient warning under the proviso.The legal approach is based on the