Eval of OL - LV

Question 1

Supports principle of tort law

Answer 1

OLA 1957 uses objective test to ensure that care given is reasonable to people that D expect on their land
This supports principle as it focuses on claimant and sends message to occupiers to make sure visitors are safe

Question 2

Claims by LV prioritised over trespassers

Answer 2

Makes law fairer, claim easier to make

For example OLA 1957 allows prop dmg and personal injury whereas 1984 only allows personal injury

subjective vs objective, allows for a fair balance as justifiably much harder to prove and claim for trespassers

Question 3

Defendant is still not liable for risks that are obvious

Answer 3

Only expected to do what is reasonable (s.2)

adults should be expected to take care of themselves (Laverton)

Warning signs can also be used but not necessary for obvious risks - Staples

Ensures fairness towards occupier

Question 4

Additional protection provided for children

Answer 4

It is justifiable to require occupiers to take additional care when they know lawful visitors may include children who may be less careful

Seen in the rules for allurements which D must take extra care over - Glasgow

Provides excellent levels of protection for the vulnerable

However can be unfair for defendants – children can be unpredictable, and “bigger” children should be aware of risks, and they should be supervised by parents (Phipps)