ola 57 ao3 Flashcards
(10 cards)
strength - simplified
before ola 57, common law= confusing/harsh , different duties for diff types of visitors
act = simplified by doing consistent doc , justice now more accessible for all lawful visitors
strength - balance doc
duty is keep REASONABLY SAFE not completely safe
- avoids unfairness on occupiers , prevents compensation culture from going too fair
strength - objective
test is objective , must do whats reasonably expected
promotes consistency/fairness
strength , fair to claimants
no fixed def of occupier or premises
allows more chances to c to claim
strength - children
expects children to be less careful ,must take precautions
extra justice for vulnerable ppl
strength - allurement
children drawn to something dangerous are treated as visitors not tresspassers
- more just outcome for young claimants
unfair - duty to children
requirements for children leaves burden on occupier
esp in public spaces , full control not possible
unfair - compensation
some lawful visitors expect compensation too easily
unfair on occupiers , even for minor unavoidable accidents
unfair - claimant - accident
if classed as pure accident , may get no compensation even if seriously hurt
- unjust , esp when bare ppl have control but no ones responsible
unfair - occupier def.
no clear def for occupier , leads to uncertainty
- leads to disputes on who’s responsible , makes it more uncertain