3 Special Duty Of Care

Question 0

Psychiatric injury - primary victims

Answer 0

Def. claimant who is put in danger of physical harm but only suffers psychological injury

Page v Smith
Once duty of care to prevent personal injury is owed to claimant, it does not matter what kind of injury occurs.

McFarlane v EE Caledonia ltd
Claimant was not in any real danger, therefore no primary victim

Question 1

Psychiatric injury - rules

Answer 1

1. Alock v Chief Constable of South Yorkshire
   Recognized form of psychiatric injury
2. Sion v Hampstead Health Authority
   Psychiatric injury must be result of sudden event or its immediate aftermath and must be foreseeable
3. Differences between primary and secondary victims

Question 2

Psychiatric injury - secondary victims

Requirements

Answer 2

Alcock v Chief Constable of South Yorkshire

1. A close tie of love and affection to a primary victim
   McLoughlin v O’Brian
   Bourhill v Young
2. Witness of the event with the claimants own unaided senses
3. Proximity to the event or its immediate aftermath
4. The psychiatric injury must be caused by a shocking event

Question 3

Psychiatric injury - rescuers

Answer 3

1. Chadwick v British Railways Board

Duty of care is being owed if it is foreseeable that people will try to help and rescue

2. White v Chief Constable of West Yorkshire
   No duty of care for police officers helping

Question 4

Pure economic loss

Answer 4

Hedley Bryne principle

1. Special skill
   Mutual life & Citizens Assurance Co v Evatt
2. Reasonable reliance
   Hedley Bryne & Co v Heller & Partners ltd
3. Voluntary assumption of responsibility
   Giving advice without disclaimer amounts to accept liability

Question 5

Product liability - case law

Answer 5

Test for defectiveness (Consumer Protection Act 1987, s1(2)
Legitimate expectations of general public, not the standard of reasonable care

A v National Blood Authority
Blood transfusion can be expected to be free of contamination

Worsley v Tambrands ltd
Short warnings and cross reference to health advice are sufficient

Question 6

Vicarious liability - who is employee tests

Answer 6

1. Control test
2. Integration test
   Stevenson Jordan v Macdonald & Evans
3. The economic reality test
   Ready Mixed Concrete ltd v Minister of Pensions

Question 7

Vicarious liability - tort commited in course of employment

Answer 7

Twine v Bean’s Express ltd
Express prohibition - not liable because no benefit to employer

Frolics of one’s own
Storey v Ashton