364. Liability as occupier.

364.     Liability as occupier.

The contractor may be in occupation of the site for the purposes of the Occupiers' Liability Act 19571 and, if he is, he will owe lawful visitors a duty to see that the premises are safe for the purpose of their visit2 but, in discharging this duty, the contractor may rely on the visitor guarding against special risks ordinarily incident in the exercise of his calling3. A contractor who does not control the works is not in occupation of them4. During the execution of the works, an employer who retains control of the