Occupier's liability evaluation

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  • Created by: __Jess
  • Created on: 08-12-22 09:01

Occupier's liability evaluation

Advantages

  • Fair balance between the duties of an occupier and the personal responsibility of the lawful visitor. (Laverton v Kiapasha Takeaway Supreme).

Disadvantages

  • A duty of care for trespassers is subjective, making it inconsistent with most other torts. (Donoghue v Folkestone Properties).
  • A "reasonable person" is not defined.
  • Some argue that trespassers should not be able to claim at all. (Revill v Newbery).
  • Creates a compensation culture.

Evaluation

Overall, there are discrepancies between OLA 1957 and OLA 1984 which affect their fairness and usefulness. OLA 1957 is generally considered a positive contribution to law-making, but many people believe OLA 1984 shouldn't even exist, as trespassers should take full responsibility when they're somewhere they shouldn't be.

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