ola 57 ao3 Flashcards

(10 cards)

1
Q

strength - simplified

A

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

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2
Q

strength - balance doc

A

duty is keep REASONABLY SAFE not completely safe
- avoids unfairness on occupiers , prevents compensation culture from going too fair

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3
Q

strength - objective

A

test is objective , must do whats reasonably expected

promotes consistency/fairness

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4
Q

strength , fair to claimants

A

no fixed def of occupier or premises
allows more chances to c to claim

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5
Q

strength - children

A

expects children to be less careful ,must take precautions
extra justice for vulnerable ppl

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6
Q

strength - allurement

A

children drawn to something dangerous are treated as visitors not tresspassers
- more just outcome for young claimants

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7
Q

unfair - duty to children

A

requirements for children leaves burden on occupier

esp in public spaces , full control not possible

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8
Q

unfair - compensation

A

some lawful visitors expect compensation too easily

unfair on occupiers , even for minor unavoidable accidents

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9
Q

unfair - claimant - accident

A

if classed as pure accident , may get no compensation even if seriously hurt
- unjust , esp when bare ppl have control but no ones responsible

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10
Q

unfair - occupier def.

A

no clear def for occupier , leads to uncertainty
- leads to disputes on who’s responsible , makes it more uncertain

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