OLA Evaluation

Question 1

What are the 4 criticisms?

Answer 1

Rules for Professional visitors is unfair
Problems dealing with child visitors
Attitudes to T vs LV
Limiting Rights of T

Question 2

What is the first criticism point

Answer 2

Rules for professional V unfair

Question 3

What is the evidence for the first point

Answer 3

s.2(2), DoC to keep PV safe for ‘purpose for which they’re invited’.
Debell- risk has to be RF to the RP, which may lower expectation on O, as allows ‘accidents will happen’

Question 4

Explain the evidence for rules for PV unfair

Answer 4

Debell- makes it hard for LV due to introduction of ‘RF’, and limits the scope of what a V can claim for

Question 5

What is the evaluation for rules for PV unfair ?

Answer 5

That it may limit legal protection for LV

Question 6

What is the second point ?

Answer 6

Problems dealing with child visitors Attitudes

Question 7

Give evidence for problems dealing with CV

Answer 7

Phipps V Rochester, Lord Devlin- DoC depends on whether ‘big children or little children’. Here, O had no DoC to an unsupervised 5yr old

Question 8

Explain the evidence for problems dealing with CV

Answer 8

s.2(3)(a) states children will be ‘less careful than adults’ so O must be more vigilant to dangers. Case law is conflicting as emphasises age of child and if supervised.

Question 9

Evaluate problems with CV

Answer 9

Confusion for CV creates uncertainty and confusion and the strict rules for child trespassers is to punish them

Question 10

What is the 3rd point

Answer 10

Attitudes to T vs LV

Question 11

give evidence for attitudes towards T Vs LV

Answer 11

in Revill V Newbury- D shot and injure C while trying to break into his shed. C obtained legal aid. Public backlash in support of D who funded his legal fees and dames to C as he won. Highlight public opposition

Question 12

explain the evidence for attitudes to T vs LV

Answer 12

concept of DoC-T was debated prior to ‘84 Act and alwyas controversial. Addie V Dumbreck- HoL say no DoC-T except not to deliberately harm

Question 13

Evaluate attitudes to T Vs LV

Answer 13

DoC- LV well documented and recognised before the ‘57 Act and was uncontroversial and broadly accepted w/o arguments and debates from ‘84

Question 14

What is the final point

Answer 14

Limiting rights of Ts

Question 15

Give evidence for limiting rights of Ts

Answer 15

Donoughe, Lord Phillips- sums up position of courts to T ‘seemed to me that, at least where the individual is an adult, will b rare those circumstances, will be such that O can reasonably be expected to offer some protection’

Question 16

Explain what Lord Phillips said about limiting rights of T

Answer 16

Attempts by courts in recent years to limit success of Cs under ‘84. Decision in Donoughe shows unwillingness of judges to award damages to T if a risk is obvious or to impose a DoC on O

Question 17

Evaluate limiting rights of T

Answer 17

suggest policy decision under which courts make it difficult for T to claim if a risk is obvious. Have little regard for individual circumstances & limits case before it even reaches court