1. General principles of negligence

Question 1

What are the four things a claimant must prove in an action of negligence?

Answer 1

Damage, duty of care, breach of duty, causation

Question 2

What types of loss/damage can form the basis of a negligence claim?

Answer 2

Personal injury, property damage, economic loss, psychiatric harm

Question 3

What case provides precedent for psychiatric harm as the basis of a negligence claim?

Answer 3

Hinz v Berry (1970)

Question 4

Briefly outline the facts of Hinz v Berry (1970)

Answer 4

C took her family for a picnic
D was driving negligently and crashed into the family’s van
C’s husband died three hours later at the scene and her children suffered injuries
C developed ‘morbid depression’ as a result

Question 5

What was the legal principle established in Hinz v Berry (1970)?

Answer 5

Damages are only recoverable for a recognisable psychiatric illness caused by D’s breach of duty

Damages are not recoverable for grief or sorrow, worry about children, financial stress/strain, or the difficulties of adapting to a new life

Question 6

When is damage actionable?

Answer 6

When the damage causes the claimant to be worse off, physically or economically

Question 7

What case gives precedent for actionable damage?

Answer 7

Rothwell v Chemical & Insulating Co (2007)

Question 8

Briefly outline the facts of Rothwell v Chemical & Insulating Co (2007)

Answer 8

C exposed to asbestos through his employment and developed pleural plaques
Pleural plaques are asymptomatic but increase the risk of cancer

Question 9

What is the legal principle established in Rothwell v Chemical & Insulating Co (2007)?

Answer 9

For damage to be actionable, it must leave the claimant worse off, economically or physically, so that compensation is an appropriate remedy

There has been no actionable damage if there is no perceptible effect on one’s health or capability