Occupiers' Liability Act (No. 54 of 1968)

THE UNITED REPUBLIC OF TANZANIA No., 54 OF 1968 I ASSENT 1 O.m OctOBBR, 1968 An Act to amend the law as tG the .liabiDty of occupiers and others . · · for injury or· damag~ 0resultint tb persons! or .goods lawfully on ·. any land or other property from dangers due to the state of the property or to things done or omitted to be done thereon [1ST DECEMBER, 1968) ENACTED by the Parliament of the·United Republic of Tanmnia. 1. This Act may be cited as the Occupiers Liability "Act, 1968 and Sh~rt title shall come into operation on the 1st day of December, 1968. ~~mmence . ment .2.-(1) The rules enacted by this Act shall have effect, in place of Preliminary the rules of the common law, to regulate the duty which an occupier of premises owes to his visitors in respect of dangers due to the state of the premises or to things done or omitted to be done on them. (2) The rules so enacted shall regulate the nature of the duty imposed by law in consequence of a person's occupation or control of premises and of any invitation or permission he gives (or is to be treated as giving) to another to enter or use the premises, but they shall not alter the rules of the common law as to the persons on whom a duty is so imposed or to whom it is owed; and accordingly for the purpose of the rules so enacted the persons who are to be treated as an occupier and as his· visitors are the · same · as ·the persons· who would at common law be treated as an occupier and · as his ·invitees or licensees. · · (3) The rules so enacted in relation to an . occupier of premises an~ his visitors shall also apply, in like manner and to the ljke extent :as the principles applicable at common law to an occupier of premises and his invitees or licensees would apply, to regulate (a) the obligations of a person occupying or having control over any fixed or moveable structure, including any vessel, vehicle or air craft; and · · 1 2 &tent bf occupier's ordinary duty No. 54 Occupiers Liabil( ty ' 1968 (b) the obligations of a person occupying or having control over arty premises or structure in respect of damage to property, including the property of persons · who are not themselves his visitors. , . 3.-(1) An occupier of {Itemises owes the san1e drity, the "common duty of car·e· ", to all his. visitors, exc. ept.· in s. o. far.. as. he is free to and does extend, restrict, modify or exclude, his. d""uty to any visitor or visitors by agteeiilentor otherwise; 'c ;' ' ,,;" · '-,. (2) The common duty of care is a duty to t~e such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premjse~ for .th~ purposes' for which he is invited or permitted: by the occupier to· be there. , . ' .":: . " • .' ', > '-~, •. , -. · (3) The circumstan~ relevant, foi•· · e -1pr.esegt Pl:lryOSC: include the degree of care, and of . want of car~. . ich would oi'dmarily be looked ... for in such a visitor, so 1hat (for ex pie) in proper' cases-. (a) an occupier must be prepa1ed fo . 'Chilc\r~n to be less careful than adults; and . ·. \ .. . (b) an occupier may ex~t that a person, in the exercise of his . calling, will appreciate and gut@ again.st any special risks ordi narily incident to it,· so far as the occupier leaves him free to do so . . (4) m determining whether the occupier of premises has discharged the common duty of care to a vi$itor, regard is to be had to all the circumstances so that (for example) . . (a) where damage is caused to a visitor by a danger of which ne had been warned by the occupier, the warning is not to be treated without more as absolving the occupier from liability, unless in all the circumstances it was enough to enable the visitor to be reasonably safe; and ·. (b) where damage is caused to a visitor by a danger due to the faulty e:1tecution of any work of construction, maintenance or repair l)y an independent contractor employed by the occupier, the occupier is not to be treateclwithout more as answerable for the danger if in all the circumstances he· had acted reasonably in · entrusting the \\'Orie to. an independent contractor and had taken such steps (if any) as he reasonably ought in order ·to satisfy ·himself .· that the · contractor was competent and that the work had been properly done. (S) The common duty of care does not impose on an occupier any obligation to a visitor in respect of risks willingly accepted as his by tbe visitor (the question whether a risk was sp accepted to be decided on the sam~ prineiplts a~ in other cases .in which one person owes. a duty of car, to another). . .. · . · • . . (6) For the purposes of this· section, persons who enter premises for any purpose in the exerciae of a right conferred · by law are to be treated as pepnitted by. the occupier· to be there for that purpose, whether they in fact have his permission or not . · . . Occupiers Liql:,ility .4~Hif Whe1ian QCcupier ofJ>rcmiises: is bound by ciiri~fto :peim1t &t~ ot persons who are strangerJ.to the contract to enter or use. the·p~miscs. tho i~~!r~~~•1n duty ··of care which he owes to them as his visitors cannot •be .. iestricted li9:~t1, io oi:· ~~eluded ·by . that . contract, . ~llt . (subject to. aµy . pr9vi~i<»1. of the tlurd ~w ~011tract to iltt contrary) shall include Jhe duty to perfotm. ~iJ ~bliga~ · t1~ns under tfut contract. whether undertaken. for .. their ptotect101te>r n~t •. in so far as ·· those· obligations· lJ)t · f,eyo~d the ~bliga:tions ' <>~ise involved in that duty. · · · · · ·· · · · (2) A contract shall not by virtue of this section have the effect, unless it expressly so provides, of making an occupier who· bas taken all reasonable care answerable tG> strangers to the contract for .. dangers due to the faulty ~dcution of any work of construction; maintenance' or repair or other like operation. by persons other than himself, his servants and persons ~ting under his direction and control. •· • .. (3) In this 13ectiou ••~tranger . to the contract" means ·a. petson: not' for the time being entitled to the benefit of the contract' as a pany to it or as the successor by assignment or otherwise of a party to it, · and accordingly includes a party to the contract who has· ceased. to: be so entitled. (4) Where by the tenns or conditions governing any tenancy (including a statutory tenancy which does not in law amount to a tenancy) either the landlord or the tenant is bound, though not by contract, to permit persons to enter or use premises of which he is the occupier, tl)is section shall apply as if the tenancy were a contract between the landlord and the tenant. (5) This section, in so far as jt prevents the common duty of care from being restricted or excluded, applies to contracts entered into and tenancies created before the commencement of this Act. as well as to those entered into or created after its commencement; • but, in so far as it enlarges the duty owed by any occupier beyond the common duty of care, it shall have effect only in relation to obligations which are undertaken after that commehcement or which are renewed· by agreement (whether express or implied) after that commencement. 5.-(1) Where premises are occupied by any person under a .tenancy Landlord's which puts on the landlord an obligation to that person tor the !iab\J\tye f maintenance or repair of the premises, the landlord shall owe to all ~bli~a~~ persons who or whose goods may from time to time be lawfully on the to repair premises the same duty, in respect of dangers arising from any default by him in carrying out that obligation, as if he were an occupier of the premises and those persons or their goods were there by bis · inyitation or permission (but without any contract). (2) Where premises are occupied under a sub-tenancy,- subsection (1) shall apply to any landlord of the premises (whether· the immediate or a superior landlord) on whom an obligation· to the occupier · for the maintenance or repair of the premises is put by the sub~tenancy ~ and for that purpose any obligation to the occupier which the srib~~enancy puts. on a mesne land\or4 of the premises, or is tre{tl<ld · · by . virtue of this provision as putting on a mesne landlord, shall be treated as put by it also on any .landlord on whom the. mesne. landl9r4'.s te11aqcy: puts the like obligation towards the mesne landlord. · · · · 4 Implied term in contracts Occupiers Liabil(ty ' 1968 .·. · .. (3) For the purposes of this section. where premises comprised in a tenancy . (whether occupied under that tenancy or under a sub-tenancy) are put .to a use not ·· permitted by the ,tenancy, .and the .landlord. of whom they are held under the tenancy is not debarred .by his acquiescence or otherwise from objecting or from. enforcing his objection, then no persons or goods whose presence on the premises is due solely to that use .. of the premises shall be deemed to be lawfully on the premises as regards that landlord or any superior • landlord, of the premises; whether or not they are lawfully there as regards an inferior landlord. (4) For the purposes of this section, a landlord shall not be deemed to have 19alie .• gefault in carrying out any obligation to the occupier of the premises unless his default is such as to be actionable at the suit of the occupier or, in the case of a superior landlord whose actual obligation is to an inferior landlord, his default in carrying out that obligation is actionable at the suit of the inferior landlord. ' (5) This section shall not put a landlord of premises under a greater duty than the occupier to persons who or whose goods are lawfully on the premises by reason only of the exercise of a right of way. (6) Nothing in this section shall relieve a landlord of any duty which he is .under apart from this section. (7) For the purposes of this section, obligations imposed by any enactment in virtue of a tenancy shall be treated as imposed by the tenancy, and "tenancy" includes a statutory tenancy which does not in law amount to a tenancy, and includes. also any contract conferring a right of occupation, and "landlord" shall be construed accordingly. (8) This section applies to tenancies created before the ct:>mJnence ment of this Act, as well as to those created after its commencement. 6.-(1) Where persons enter or use, or bring or send goods to, any premises in exercise · of a right conferred by contract with a person occupying or having control of the premises, the duty he owes them in respect of dangers due to the state of the premises or to things done or omitted to be done on them, in so far as the duty depends on · a term to be implied in the contract by reason of its conferring that right, shall be the common duty of care. (2) Subsection (1) shall apply to fixed and moveable structures as it applies to premises. (3) This section does not affect the obligations imposed on a person by or by virtue of any contract for the hire of, or for the carriage for reward of persons or goods in, any vehicle, vessel, aircraft or other means of transport, or by or by virtue of any contract of bailment. .. (4) This sectibn does not apply to contracts entered info before the commencement of this Act. No. S4 Occupiers Liability 1968 .. 7. This . Act · shall bind the Republic, bl.it · as regards . the . Republic's Apilicatiqn liability in tort shall not bind the Republic further than the Republic is to epubbc made liable in tort by the Government Proceedings Act, 1967, and that Act and in particular section 3 of it shall apply in relation to duties under sections 3, 4 and 5 of this Act as statutory dutie,s. Passed in the National Assembly on the second day of October, 1968 . ..... ~ .~---·; ... Clerk of the National Assembly Printed by the Government Printer. Dar cs Salaam.