ola

• negligence and ola are fault based systems, require claimant to prove fault of defendant in order to be rewarded compensation
• fault means legal blameworthiness for causing injuries or damage to victim
• similarity - both statutes passed to respond to changing social and economic conditions and to recognise all visitors whether lawful or not require some protection (brb v herrington) recognised before 1957 act with concept of allurement principle, children are concerned (glasgow corp v taylor)
• similarity - definitions of occupier s1(2) (wheat v lacon), premises s1(3)(a) (wheeler) defined loosely in 1957 act and clarified by common law, apply to both acts
• similarity - warning notices s1(5) (westwood) 1984 and s2(4)(a) (rae v mars) 1957 common to both as well as defences s1(6) volenti, contributory negligence
• similarity - current approach at courts appears to be sending a message that despite appearance of compensation culture that we have to take same responsibility for our own safety

  1957 - (kiapasha), (dean and rochester cathedral)

  1984 - trespassers should be aware of obvious dangers (ratcliff v mcconnell)

  this demonstrates judges being aware of wider floodgates arguments
• difference - 1957 lawful visitors / 1984 trespassers
• difference - 1957 act allows claims for personal injury and damage to property suffered on another property / 1984 act is personal injury only, limited as it would be burdensome on occupiers and unfair for trespassers to claim more (tomlinson v congleton)
• difference - duty for 1957 - o must take such care that everything is reasonable to ensure visitor is reasonably safe (objective, follows standard approach to tort claims) / duty of 1984 - o has to be aware of danger and know grounds to believe trespasser is in vicinity of danger (subjective, depends on fact of case)
• difference - children have more protection under 1957 act, recognises children will behave differently to adults s2(3) (jolley) and that parents need to take some responsibility for them (phipps)
• difference - more defences provided by the 1957 act s2(3)(a) persons with a common calling and s4(a) liability can pass to independent contractor