Question
Petal and Pansy are two kindergarten teachers who have entered into a business partnership to run a play cafe for children under six. They are
Petal and Pansy are two kindergarten teachers who have entered into a business partnership to run a play cafe for children under six. They are leasing the cafe premises. They seek your advice on the following matters concerning occupier's liability:
(a)In the circumstances does the landlord bear the duty of occupier's liability or the tenants, Petal and Pansy?
(b)What is the standard of care that an occupier must meet in fulfilling their duty of care?
(c)In the circumstances, if an adult or child was hurt at the premises, what would the court consider in deciding whether the occupier had discharged their duty of care?
(d)What type of insurance policies would you recommend they purchase? Why?
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