Law and Morality in Tort law

Question 1

Law and morality in tort law

Answer 1

Occupiers liability is an example of how law upholds morals
Eg trespassers, as traditionally they were not owed a DOC (Addie v Dumbreck)
However could argue S.1(3) OLA 1984 is outdated, as it reflects morality at the time the act was created by imposing a strict 3 part test

Question 2

Law and morality in tort law AO3

Answer 2

OL84 act does not reflect morals of society as society collectively believe trespassers should not be owed a DOC as they shouldn’t be on occupiers land
-giving trespassers the same rights as lawful visitors may not act as a deterrent
-law is not achieving its objective
However
law is in line with societies morals as it is designed to protect child trespassers who may not know they are trespassing.