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26 Minn. L. Rev. 573 (1941-1942)
Business Visitors and Invitees

handle is hein.journals/mnlr26 and id is 587 raw text is: MINNESOTA LAW REVIEW Journal of the State Bar Association VOLUME 26 APRIL, 1942 No. 5 BUSINESS VISITORS AND INVITEESt By WILLiAm L. PRossR* T a Restatement of the Law of Torts of the American Law Institute, under the general heading of Liability for Con- dition and Use of Land, offers the following definitions: Sec. 330. Licensee Defined. A licensee is a person who is privileged to enter or remain upon hInd by virtue of the possessor's consent, whether given by invitation or permission. Sec. 331. Gratuitous Licensee Defined. A gratuitous li- censee is any licensee other than a business visitor as defined in Sec. 332. Sec. 332. Business Visitor Defined. A business visitor is a person who is invited or permitted to enter or remain on land in the possession of another for a purpose directly or indirectly connected with business dealings between them. The import of these definitions is made clear by reference to later sections of the Restatement, which declare that toward a gratuitous licensee there is no duty on the part of the man in possession other than to exercise reasonable care in the conduct of his activities, and to disclose dangerous conditions on the land so far as they are known to him;' but that toward a business visitor he is under the additional obligation of affirmative care in inspecting and preparing the premises so that they will be in safe condition for his reception.2 The difference is one of busi- ness dealings, and a business visitor is one whose visit is or *Professor of Law, University of Minnesota. tAlso published in the Canadian Bar Review. XSec. 342, comment c: A possessor of land owes to a gratuitous li- censee no duty to prepare a safe place for the licensee's reception, or to inspect the land to discover possible or even probable dangers. If the license is gratuitous, the privilege to enter is a gift, and the licensee, as the recipient thereof, is entitled to expect nothing more than a disclosure of the conditions which he will meet if he acts upon the license and enters, in so far as those conditions are known to the giver of the privilege. 2Sec. 343.

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