Evalulation Flashcards
1
Q
Negligence: cost
A
- Expert evidence can be expensive
- Legal representation is expensive
2
Q
Negligence: insurance
A
- Certainty about compensation
- Insurance businesses can become suspicious around claims
3
Q
Negligence: duration
A
- Postponed due to backlog
- Deterred due to price
- Can take a long time to gather evidence
4
Q
Negligence: Evidence
A
- No witnesses makes a lot of police evidence need to be found
- Medical evidence
5
Q
OLA: Cost
A
- Evidence required is costly, experts may need to be paid
6
Q
OLA: Delay
A
Insurance claims, always expected to be fraudlent
7
Q
OLA: protection of children
A
pos:
* s.2(3) allows children to be less careful
Glasgow Corp v Taylor
lim:
Less likely to find liability when a child is involved
8
Q
OLA: defences
A
pos:
*Removes liability from claim (contributory negligence, warning signs)
lim:
*Narrows the law, less effective
9
Q
OLA: protection of prof.
A
- Gives some protection
- Offers less protection than the reasonable person
10
Q
OLA: 1957 v 1984
A
- 57 allows personal injury and property damage
- 84 only allows claims for personal injury
- argued that 84 shouldn’t be a defence
11
Q
VL: fairness
A
- Unfair: employer becomes liable when not at fault
- Fair: Claimant is truly innocent and cannot be left without remedy
12
Q
VL: an employee?
A
- Multiples ways to discover this
- Control test is so narrow, hinders claims
13
Q
VL: course of employment
A
- Unfair: Imposes tort on employers
- Fair: Employer has better means to compensate than the employee.
