ola 84 oa3

Question 1

strength - obvious danger

Answer 1

if danger is obvious , occupier dont need to protect tresspasser from it
- fair = shouldn’t be rewarded for trespassing, helps occupier not be unfairly blamed

Question 2

strength - damages

Answer 2

only allowed to claim for physcical harm not damage to property ,
fair = didnt invite tresspasser, shouldn’t have to pay for property

Question 3

strength - test favourable to occupiers

Answer 3

occupiers only responsible if they knew abt danger , and believed someone might trespass near it
subjective test , making It fairer

Question 4

strength - case by case

Answer 4

courts lok at each case individually , makes decision on what acc happens

fair

Question 5

unfair - compensation

Answer 5

goal of tort law = make things right for injured person
- if tresspasser cant claim much even if seriously hurt , goal isn’t met

Question 6

unfair - unpredictable

Answer 6

depends on what the occupier knew , meaning decisions vary , 2 similar cases get diff outcomes based on small details

uncertain , unfair.

Question 7

unfair - reasonable meaning

Answer 7

duty to offer reasonable protection , unclear what reasonable means

unfair , occupiers dont know what seps to take

Question 8

unfair - burden

Answer 8

duty to protect someone they dont expect to be there , stressful/unfair