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

Business law - Case Study Example The customer or other persons should be protected from harm not only while he is performing a business transaction but also while entering and leaving the premises. This case comes under the purview of Occupier’s 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 permission 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, Henry was a visitor to the occupier’s 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 warning will only discharge the occupiers’ duty regarding danger, but the warning should be reasonable and must possess necessary guidelines to avoid such dangers. In Henry’s 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 treated as warning because it is totally 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 th e proviso. The legal approach is based on the