Ecnomic And physcatric Harm Pt 2

Question 1

What is tort and negligence?

Answer 1

Tort= Physical damage to property/injury
Negligence= economic loss/physiatrist injury

Question 2

What does paper 2 of tort still require in order to answer?

Answer 2

P1 - DOC, BOD, LOSS/REMOTNESS Damages

Question 3

Which courts will they sue for these damages

Answer 3

County court or high court

Question 4

What are the 2 types of economic loss?

Answer 4

Pure consequential

Question 5

What is consequential loss and can it be recovered?

Answer 5

Physical injury and loss
Can be recovered

Question 6

What is pure economic loss?

Answer 6

This is just money loss and cant be recovered

Question 7

What are the cases called for this ratio:
Loss of profit is pure economic loss which cannot be recovered

Answer 7

-Spartan steel V Martin n co
-Cattle V storkton waterworks
-Weller V foot n Mouth disease

Question 8

However they are some key expectation for pure economic loss what is this called?

Answer 8

Negligence misstatement = statement of inaccurate information

Question 9

Does negligent misstatement have to be only verbal?

Answer 9

No can be written
For example: report, surveys aswell as professional advice

Question 10

Candler V Crane Christmas co

Answer 10

Law of contract only allow claims for money for those parties within the contract

Question 11

Hedley Byrne V Heller

Answer 11

D could rely upon the words without responsibility to avoid liability

Question 12

C + D must have a special relationship they are 5 elements that can identified what are these?

Answer 12

-D posses a skill/expertise
-D voluntarily assumed responsibility
-D knows the person relying upon it
-D knows what the purpose of account
-D knows reasonable reliance

Question 13

Expertise/skill
Lenon V MPC

Answer 13

D had specialist skill and gave out incorrect information was negligent misstatement

Question 14

Assumed responsibility
-Chaudry V prabhbaker
-Yvani V edwin Evan
-Pachet V swimming pool

Answer 14

1) D must be prepared for C to rely upon the advice and must take full responsibility
2) D had DOC and assumed responsibility
3) Site has not assumed responsibility for advice

Question 15

Known user
- Capro V dickman
- Goodwill V BPAS

Answer 15

C had prepared the accounts negligent but it was not known C would rely upon it
D will only be liable if he knows the person relying upon it

Question 16

Known purpose
Capro v dickman
Law society V KMPG

Answer 16

Accounts were negligently prepared for the specific of identifying fraud

Question 17

Reasonable reliance:
-Smith V Eric bush

Answer 17

Surveyors had a doc for those property purchased. Reasonable for smith to rely upon statement

Question 18

What is psychiatric harm?

Answer 18

Nervous shock verified with medical evidence

Question 19

What are an example of psychiatric harm ?

Answer 19

PTSD
flashback
Sleep problems

Question 20

In order for nervous shock what must a person show?

Answer 20

If he was a primary or secondary victim

Question 21

What is a primary victim?

Answer 21

Person injured/fears he will be injured suffers from psychiatric harm

Question 22

What are the 2 key elements for primary victim?

Answer 22

Directly involved- even if he escaped physical injury
Rescuers- attends a dangerous scene n suffers from psychiatric harm

Question 23

Directly involved cases:
Page V Smith
Donoachie V chief constantly of Greater Manchester

Answer 23

1) As long as injury was foreseeable doesn’t matter if it’s physiological
2) C’s stress induced was a physical and physiological injury

Question 24

Rescuers:
-White V chief constable of South Yorkshire
-Chadwick V British railways board

Answer 24

1) Primary victim must be either directly involved or fear physical injury from incident
2) danger of train wreckage met that C fears for his own safety throughout

Question 25

What is a secondary victim?

Answer 25

Person who witness the aftermath

Question 26

Alcock V chief constable of South Yorkshire

Answer 26

Proximity of relationship of primary victim
Proximity of time n space
Perceived the incident by own senses

Question 27

Proximity of relationship case n ratio

Answer 27

Must be close tie love n affection
Bourhill V young= C had no close tie love or affection
Robertson & Rough V ford road bridge= joint employment is not close tie

Question 28

Proximity of time and space

Answer 28

Accident must be immediacy or hearing
Mcloughian V Obrain= mrs mcloughian saw immediate aftermath
Gali Atkinson v Seahawk= saw immediate aftermath of her daughters RTA

Question 29

C must perceives with his own senses

Answer 29

C must present at scene rejected if communication is by third party. Eg: radio, tv

Question 30

After All 3 accepted of alcock rule there are 2 other requirements what are these

Answer 30

Sudden shock
Reasonable fortitude

Question 31

Sudden shock
-Sion V Hampstead
-Watlers V North Glamorgan NHS trust

Answer 31

Gradual deterioration over 2 weeks not sudden shock
Son death was a sudden shock

Question 32

Reasonable fortitude

Answer 32

If a reasonable man aswell as claimant would suffer they would win if not then they won’t because thin skull rule won’t be applied