Uplifting the Standard of Duty of Care Towards Guests: An Overview of Recent Developments in Selected Countries

Due to the non-existence of a specific Occupiers’ Liability Act in Malaysia, the status of the guests in hotels as contractual entrant or invitee is difficult to identify. Using the qualitative and comparative method, the objectives of this research is to explore the developments of common law duty of care which has taken place in other countries such as Australia, New Zealand, United States and United Kingdom. The study reveals that the only way to determine whether duty of care existed was to see whether the case could be referred to some ‘particular species’ that the law had already recognized.