Friday, October 10, 2014

Borders v. Roseberry case brief summary


Borders v. Roseberry case brief summary

F: TC ruled that a landlord of a single family house is under no obligation or duty to a social guest of his tenant to repair or remedy a known condition.
Water dripped from the roof onto the front steps of a house, froze and caused the social guest to slip and fall.


I: Whether There is no liability upon the landlord to social guest of his tenant for a known defective condition 


R: There is no liability upon the landlord to social guest of his tenant for a known defective condition

A:
Tenant had full knowledge of the icy condition on the steps created by the absence of guttering. It seems to us that the landlord could reasonably assume that the tenant would inform his guest about the icy condition on the front steps.


C: affirmed


Co: GR: no liability upon the landlord, either to the tenant or to others entering the land, for defective conditions existing at the time of the lease.


However, 6 exceptions that landlord is liable
1. Undisclosed dangerous conditions known to lessor and unknown to the lessee (but, only with respect to latent conditions)
2. Conditions dangerous to persons outside of the premises
3. Premises leased for admission of the public
4. Parts of land retained in lessor’s control which lessee is entitled to use
5. Where lessor contracts to repair
6. Negligence by lessor in making repairs
relationship of people that are affected by land.
Consider before duty of care : P’s position on D’s property.

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