COURSE BACKGROUND

Occupier’s liability is a tort. The law of tort provides the legal basis for most court claims for compensation for injuries or property damage.

Occupier’s liability is the relevant tort in connection with accidents that occur in or on premises as a result of the physical condition or state of the premises. It sets out the duties of persons occupying a property (such as the owner, manager or tenant) to visitors of the premises. The tort of Negligence complements it by addressing the negligent or careless activities or operations carried out on the premises that may have been the cause of the accidents.

Liability for accidents on premises can therefore arise from static causes meaning the defective conditions of the premises as well as dynamic causes which are the careless actions of owners, managers, their servants, independent contractors or tenants.

Property and Facilities Managers should be aware of possible risks visitors of occupied premises face and the obligation to ensure a reasonable standard of care to keep the premises hazard free.

COURSE OBJECTIVES

The course will provide working knowledge on:

• Common risks to visitors of occupied premises and facilities management mitigatory measures
• The Difference between Occupier’s Liability and Negligence
• Essential Elements of Occupier’s Liability
• Relevant Elements of Negligence
• Liability for the Defaults of Independent Contractors Hired by Occupiers
• Effectiveness of Exclusion Clauses.

COURSE PROGRAMME (8.30 am – 5.30 pm)

1. Common Risks to Visitors of Occupied Premises

• Types of Risks
• Facilities Management Risk Management Measures
• Handling Incidents and Accidents

• What is Tort?
• Occupier’s Liability: A Specialised Branch of Negligence
• A Brief Comparison of Occupier’s Liability and Negligence

• Definition of Occupier
• Definition of Classes of Visitors: Contractual Entrants, Invitees, Licensees and Trespassers     
• Duties to Visitors
• Some Special Consideration for Children Visitors
• Signs and Notices

• Duty of Care
• Proximate Relationship between Person Carrying Out Negligent Activity and Injured Visitor        
• Other Considerations

5. Damage

• Causation of Damage
• Remoteness of Damage
• Other Considerations

6. Exclusion Clauses as a Defence for Occupier’s Liability and Negligence

• Contractual
• In the Course of Business
• Statutory Prohibition Against Excluding Liability in Cases Resulting in Injuries and Death

COURSE LEADERS

Cheam Shing Ruey
Mr Cheam was admitted to the Singapore Bar in 1992 and worked as a legal assistant at several law practices in Singapore, handling cases in civil and conveyancing work. He is an associate lecturer in the Real Estate and Construction Centre where he leads the property law modules. He is also a University approved facilitator for the Law module in the Northumbria University MSc Surveying/Construction distance learning degree programme offered by the Real Estate and Construction Academy. He had previously lectured part-time in the School of the Built Environment at the Singapore Polytechnic.


Dr Quah Lee Kiang
Dr Quah is the Director of the Real Estate and Construction Centre & the Real Estate & Construction Academy in Singapore. She has extensive regional and international experience in Project and Facilities Management & Maintenance research, advice and academia.

Dr Quah led the EU funded project BE4213 Condition Assessment and Maintenance Strategies for Buildings and Building Components, which among other things, sought to develop an objective building condition assessment system. This project formed part of ongoing research over the last 20 years which culminated in Dutch Standard NEN 2767 on Condition Assessment of Buildings, believed to be a ‘world first’.

Dr Quah’s professional and research affiliations include being Coordinator of the International Council for Research and Innovation in Building and Construction (CIB) Working Commission 70 on Facilities Management and Maintenance from 1990-2000 and past President of the Chartered Institute of Building Singapore Centre for two terms. She currently sits on the Royal Institution of Chartered Surveyors (RICS) Singapore Board and was recently selected to the RICS Asia Board. Dr Quah was conferred an Honorary Fellow by Oxford Brookes University for her work in real estate and construction education and the unusual impact her career has had on this particular academic field in Asia.

COURSE FEES

The course fee of $595.00 includes course documentation and refreshments at breaks. A group discount of 10% will apply for three or more delegates from the same organisation.

COURSE ACCREDITATION AND CERTIFICATE OF ATTENDANCE

WHO SHOULD ATTEND

The course will benefit those who have a vested interest in buildings including:

• Developers
• Building Owners
• Government Officials
• Architects
• Engineers
• Project Managers
• Quantity Surveyors
• Contractors/Sub-Contractors/Suppliers
• Property Managers
• Facilities Managers
• Maintenance Managers
• Management Corporations
• Town Councils
• and Others

CANCELLATIONS

Cancellations made less than 1 week before the commencement of the course will be subjected to an administrative fee of $100.00. Substitutions can be made at any time.

COURSE ENQUIRIES AND REGISTRATIONS

Mr Ken Chew
Tel:  6474 7442   Fax: 6474 7443   E-mail: recc@pacific.net.sg

PLEASE NOTE

It may be necessary for reasons beyond RECC’s control, to change the content and timing of the programme and the identity of the course leader/s.