Tort assignment Essay Example | Topics and Well Written Essays - 2500 words

Tort assignment - Essay Example ? to all his lawful visitors, except insofar as he is free to and does extend, restrict, modify, or exclude his duty to any visitor or visitors by agreement or otherwise.† It also applies to a person who enters the premises in order to fulfill a contractual right. This is the law that is applicable as we review the facts of the case that we are presented with. In this case, Peter, who owns Rawley House, decided to have the house redecorated and employed a local electrician, Steven, to install new wall lights in the long gallery. After Steven had finished the installation, Peter employed Thomas, a decorator, to paint the walls of the gallery. While painting the walls Thomas suffered severe burns as a result of touching a live wire which Steven had left protruding from the wall. After work was completed, Peter allowed the local Historical Society to visit the house. In the entrance hall of the house is a notice which states: "The owner welcomes visitors to the property but cannot be held responsible for any injuries sustained by person or property during the course of the visit." Just after the Historical Society arrived at the Rawley Hose, Victor, a poacher, climbed over the wall onto Peters land. Victor caught his footing in a trap set to cat ch foxes. On hearing Victors screams. Peter, and his visitors, rushed out of the house. During the commotion Sam, aged 5, wandered into the garden. he climbed up a rotten rails trellis, which was lodged against the garden wall, and fell through a glass roof severely injuring himself. Sams father, who had brought him on the visit to Rawley House, found the injured boy thirty minutes later. Thomas has a right to claim damages from Peter by virtue of the employer-employee relationship. However, under the Occupiers’ Liability Act, he may have to seek damages against the local electrician, Steven, who is an independent contractor, absent any showing that Peter acted negligently in the hiring and selection of Steven as his