An occupier's duty of care to persons lawfully on its premises does not extend to preventing criminal conduct by an employee where the only prior indication of aggressiveness was a single act (throwing a bottle at a possum) that did not indicate a likelihood of assault. The employer-employee relationship does not, of itself, create an exception to the Modbury principle where the employee's criminal act falls outside the scope of employment. The fact that an occupier's official observed an employee to be drunk and saw a single aggressive act shortly before an assault is insufficient to establish the 'exceptional circumstances' required to impose a duty to prevent criminal conduct.
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