Occupiers liability 1957 act evaluation:

• The final argument of my essay on Occupiers liability under the 1957 act is the usage of the act. One of the benefits of this act is that it limits the amount of liability imposed on an occupier, which makes sure that claimants use different actions such as negligence which will be more effective. This will lead to more just outcomes due to the balance between the different parties to be solved.
• However one of the disadvantages of this act is that it was supposed to tidy up the law regarding occupiers liability but it still allows lots of alternative actions which means that the claimant will have to pursue different legal actions which will lead to an increase in costs for the parties due to having to employ different legal advice. Thus leading to unjust outcomes for the parties.
• The third argument of my essay on occupiers liability under the 1957 act is regarding exclusion clauses. An advantage of this is that it enables occupiers to extend, restrict or exclude his liability. This means that it enables them to reduce the amount of compensation that they have to pay out for the damages caused to the claimant. This allows a fair balance between the two parties.
• However one of the disadvantages of this system is that it relies on visitors being prudent to look after themselves at all times including minors. This means that there is a subjective element of what a reasonable person thinks what prudent means. This will lead to unfair outcomes and claimants not being compensated for loss of distribution. This was shown in Rae V Mars where a claimant fell into a deep pit, straight after a sign. 
• Another argument of my essay on Occupiers liability under the 1957 act is the protection that occupiers need to provide for children. One of the benefits of this system is that it makes sure that occupiers take a higher standard of care due to children are less likely to take care of themselves and see the potential risk. This was shown in Glasgow Corporation V Taylor (1950) where the council failed to fence off a hedge which contained berries, this led to a child dying after eating them. . 
• However one of the drawbacks of this system is that some occupiers might argue that they should have had parents looking after them. This means that there is a high amount of competing interests, which can lead to confusion as a lay person
• One of the main arguments of my essay on Occupiers liability under the 1957 act is regarding exceeding of permission on premises. One of the benefits of this system is that it is fair that when a lawful visitor is acting beyond the scope of them being there, they are exposed to the risk. This was shown in Jolley V London Borough of Sutton (2000) - where the claimant was injured after playing on an abandoned boat but the risks was too remote so they could not receive the compensation.
• However one of the drawbacks of this system is that it is difficult to determine when a person becomes a trespasser and to calculate damages. This means that it can lead to inconsistent judgements and unfair outcomes. Thus not meeting the main aim of the civil court system which is to achieve justice for the parties.