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Jul 3, 2019 · This essay discusses the common law and statutory provisions on the duty of care owed by an occupier of land to different categories of entrants, such as invitees, licensees and trespassers. It cites Indermaur v Dames as an example of a case where the occupier was held liable for an unusual danger that he knew or ought to have known.
Dames (defendant) owned a sugar refinery. The sugar refinery housed a gas appliance. The company that installed the gas appliance sent its employee, Indermaur (plaintiff) to check on it. While on the premises, Indermaur fell down a sugar shaft and was seriously injured.
A gas-fitter fell through an unfenced hole on a sugar-refinery and sued the owner for damages. The court held that the owner was liable for negligence towards a stranger lawfully on the premises, even though the hole was necessary for the business.
Apr 29, 2022 · A case on the occupier's duty towards his invitees, with a citation and a brief summary. The web page also lists other cases in various areas of law, but none related to Indermaur v Dames.
F W Bissett, 1946 24-3 Canadian Bar Review 178, 1946 CanLIIDocs 90
A legal article on the duty of an occupier to an independent contractor injured on his premises. It discusses the cases of Haseldine v. Daw. Fy Sons Ltd., Thomson v. Cremin, and Wells v. Cooper, and the Occupiers' Liability Act 1957.
The article explains the rule in Indermaur v. Dames, a leading case on the duty of occupiers of premises to persons who enter by invitation or business. It also discusses the concept of unusual danger, the difference between traps and obvious dangers, and the exceptions to the rule.
