comparing the two acts

• How do the 1957 and 1984 acts differ in the types of claim they allow?

  The 1957 Act allows claims for personal injury and property damage by lawful visitors, while the 1984 Act only permits claims for personal injury by trespassers. This distinction reflects a focus on protecting those with lawful access to premises.
• what is the difference in the duty of care imposed in the 1957 and 1984 acts?

  The 1957 Act imposes an objective duty to ensure premises are reasonably safe for lawful visitors. The 1984 Act, however, requires the occupier to be subjectively aware of the danger and consider whether trespassers should be protected.
• What role do obvious dangers play under the 2 occupier's liability acts?

  Both Acts exclude liability for obvious dangers, as seen in Ratcliff v McConnell, where no duty was owed for risks apparent to a reasonable person (e.g., diving into a shallow pool). This protects occupiers from being held liable for harm caused by claimants’ own negligence.