Don,
The law relating to occupier's liability has been reformed, and
assimilated to the general law of negligence, in heaps of common-law
jurisdictions around the world now.
What would be a more productive way in which to research your
Professor's question would be to concentrate on pinning down the
reports of the many law reform commissions and agencies that examined
carefully the need for reform in this area of tort law.
Have a thorough look at the various links available at:-
http://www.google.com/search?hl=en&as_q=reform+of+the+law+relating+to+occupier%27s+liability&as_epq=&as_oq=&as_eq=&num=100&lr=&as_filetype=&ft=i&as_sitesearch=&as_qdr=all&as_rights=&as_occt=any&cr=&as_nlo=&as_nhi=&safe=images
Ronald Huttner LL.B (Hons)
(Retired) Barrister, Solicitor, Law Lecturer and Legal Researcher
Melbourne
Victoria
Australia
On 07/11/2008, at 10:21 AM, Buffaloe, Donald wrote:
> Please excuse the cross-posting. I have been researching an issue
> involving the development of tort law and am hoping that someone can
> provide some assistance. It involves the law of negligence and
> varying degrees of the duty of care owed by the occupier of land to
> visitors divided into the categories trespassers, licensees and
> invitees. I am looking for a more in-depth discussion of this
> statement:
>
> The law relating to responsibility on dangerous premises long
> resisted the pervasive trend of measuring the existence and scope of
> duties of care by the broad standards of foreseeability of harm and
> reasonable conduct. Until well into the middle of the nineteenth
> century the prominence and social prestige attached to landholding
> defied all serious challenge to the claim by occupiers to be left
> free to in the enjoyment and exploitation of the demesne without
> subordination to the interest of the general public.
> John G. Fleming, An Introduction to the Law of Torts 68 (1985).
>
> The professor who asked me to research this issue thinks that the in-
> depth discussion would appear in a treatise on the history of
> English law and not a treatise on tort law, periodical article or
> case law. We have several treaties on the history of English law,
> including Holdsworth, William S., A history of English law, 7th ed.;
> edited by A.L. Goodhart and H.G. Hanbury (1956-1966) and Fifoot, C.
> H. S., History and sources of the common law: tort and contract
> (1949). I could not find anything in these treatises.
>
> I have also looked in Blackstone, Commentaries; Stephen’s
> Commentaries on the Laws of England and various treatises on tort
> law: Fleming, Salmond, and Clerk & Lindsell. When I have found some
> discussion of this, it is usually under the index entry “occupier”.
> I have also been able to find relevant materials using the table of
> contents under the broad category “negligence” and the sub-category
> “duty of care”.
>
> I would be very grateful if anyone has any suggestions on new ways
> to approach this project or sources that would contain this in-depth
> discussion. Thank you.
>
> Don Buffaloe
> Senior Research Services Librarian
> Pepperdine University School of Law
> 24255 Pacific Coast Hwy.
> Malibu CA 90263
> E-mail: Donald.Buffaloe@pepperdine.edu
> Telephone: (310) 506-4823 Fax: (310) 506-4836
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