Evalulation

Question 1

Negligence: cost

Answer 1

• Expert evidence can be expensive
• Legal representation is expensive

Question 2

Negligence: insurance

Answer 2

• Certainty about compensation
• Insurance businesses can become suspicious around claims

Question 3

Negligence: duration

Answer 3

• Postponed due to backlog
• Deterred due to price
• Can take a long time to gather evidence

Question 4

Negligence: Evidence

Answer 4

• No witnesses makes a lot of police evidence need to be found
• Medical evidence

Question 5

OLA: Cost

Answer 5

• Evidence required is costly, experts may need to be paid

Question 6

OLA: Delay

Answer 6

Insurance claims, always expected to be fraudlent

Question 7

OLA: protection of children

Answer 7

pos:
* s.2(3) allows children to be less careful
Glasgow Corp v Taylor
lim:
Less likely to find liability when a child is involved

Question 8

OLA: defences

Answer 8

pos:
*Removes liability from claim (contributory negligence, warning signs)
lim:
*Narrows the law, less effective

Question 9

OLA: protection of prof.

Answer 9

• Gives some protection
• Offers less protection than the reasonable person

Question 10

OLA: 1957 v 1984

Answer 10

• 57 allows personal injury and property damage
• 84 only allows claims for personal injury
• argued that 84 shouldn’t be a defence

Question 11

VL: fairness

Answer 11

• Unfair: employer becomes liable when not at fault
• Fair: Claimant is truly innocent and cannot be left without remedy

Question 12

VL: an employee?

Answer 12

• Multiples ways to discover this
• Control test is so narrow, hinders claims

Question 13

VL: course of employment

Answer 13

• Unfair: Imposes tort on employers
• Fair: Employer has better means to compensate than the employee.