Section 4, The Law Reform (Law short title

() Where an occupier of premises is bound by contract Efect oftO permit persons who are strangers to the contract to enter or contractionuse the premises, the duty of care which he owes to them as occupier'shis visitors cannot be restricted or excluded by that contract, but third party. liability to subject to any provisicn of the contract to the contrary, shallinclude the duty to perform his obligations under the contract,whether undertaken for their protection or not, in so far as thoseobligations go beyond the obligations otherwise involved in thatduty. (2) A contract shall not by virtue of this section havethe effect, unless it expressly so provides, of making an occupierwho has taken all reasonable care answerable to strangers to thecontract for dangers due to the faulty execution of any workof construction, maintenance or repair or other like operation bypersons other than himself, his servants and persons acting underhis direction and control. (3) In this section " stranger to the contract" nmeans aperson not for the time being entitled to the benefit of the contract as a party to it or as the successor by assignment or otherwiseof a party to it, and accordingly includes a party to the contractwho has ceased to be so entitled. A 229 (4) Where by the terms or conditions governing anytenancy (including 'a statutory tenancy which does not in lawamount to a tenancy) either the landlord or the tenant is boundthough not by contract, to permit persons tO enter or use premisesof which he is the occuDier. this section shall apply as if thetenancy were a contract between the landlord and the tenant A 230 No. 33 LawReforn (Lav of Tort) 1961 (5) This scction, in so far as it prevents the common duty of care from being restricted or excluded, applies to contracts entered into and tenancies creted before the commencement f this Ordinance, as well as to those entered into or created of its Comnencement: but, in so far as it enlarges the duty owed by an occupier beyond the common duty ol care, it shall hae effect only in relation to obligations which are undertaken af that commencement or which are renewcd by agrcement (whether expresS Or implied) after that comnencemcnt. Landlord's 5. (1) Where premises are occupicd by any person under a liability in virtue of tenancy which puts on the landlord an obligation to that Derso obligation to for the maintenance or repair of the premises, the landlord shall repair. Owe to all persons who or whose gcods may irom time to time be lawfully on the prenises 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 his invitation or perMiSSiOn (but without any contract). (2) Where premises are occupied under a sub-tenancy, the foregoing subsection shall apply to any landlord of the premises (whethcr the immediate or a superior lardlord) 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 sub-tenancy puts on a mesne landlord of the premises, or is treated by virtuc of this provision as putting on a mesne landlord, shall be treated as put by it also on any landlord on whom the mesne landlord's tenancy puts the like obligation towards the mesne landlord. (3) For the purpose of this section, where premises comprised in a tenancy (whether occupicd under that tenancy or under a sub-lenancy) are put to a use not pernitted by the tenancy, and the landlord of whonm 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 goos whose presence on the premnises 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 1landlord. (4) For the purposes of this section, a landlord shall not be deemed to have made default 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 superio landlord whose actual obligation is to an inferior landlord, nS default in carrying out that obligation is actionable at the suit O the inferior landlord. (5) Nothing in this scction shall relicve a landlord of aiy duty which he is under apart from this section. (6) 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 No. 33 Law Reform (Law of Tort) lenancy wich does not in law ulllount to a teancy, and ncludes also any contrac conferring a righl of 0ccupation, and "land. ord shall be consttucd accordingly. its comencCIlent. (0 This section app ies to (enancies crcated belore the cOmmencement of this Ordnalce, as well s to these created after O. () Where persons cnter or use, or bring or send goods Implicd term 0. any premises in exercise of a rieht conferred by contract with in contraCts. a person occupying or having control of the premises, the duty he owes thenn in respect of dangers due to the state of the premiscsOr to things done or omilted to be donc on them, in so far as the duty depends on a term to be implied in the contract by rcason ot its conferring that right. sha! be the common duty of Care. (2) The foregoing subsection shall apply to fixed and moveable structures as it app.ied 10 premiscs. (3) This section does not alfect 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 section does not app!y to contracts entered into before the commencement of this Ordinance. PART II-COMMON EMPLOYMENT