About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

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

handle is hein.journals/mnlr26 and id is 587 raw text is: MINNESOTA
Journal of the State Bar Association
VOLUME 26                APRIL, 1942                      No. 5
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.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most