Economic Loss And Psychiatric Injury

Question 1

What are the two types of economic loss?

Answer 1

Consequential, pure

Question 2

What is the case to show the two types of economic loss?

Answer 2

Spartan steel v Martin

Question 3

What is consequential economic loos?

Answer 3

Loss of money because of physical loss.

Consequence of negligent act

Question 4

What is pure economic loss?

Answer 4

Stand alone economic loss
-no personal injury or physical damage, just loss of money.

Generally is not recoverable yet if it arises from a negligent misstatement and there is a special relationship it will

Question 5

What is the definition of a negligent misstatement?

Answer 5

Representation of fact which is carelessly made and relied upon by another party to their detriment

Question 6

What is the case which established negligent misstatements and a special relationship?

Answer 6

Hedley Byrne v heller

Bank case which had a disclaimer

Question 7

What is primarily used to establish a special relationship

Answer 7

Caparo test

Caparo v Dickman

Question 8

HOL gave further guidelines to assist in establishing a special relationship. What are these guidelines?

Answer 8

1) D must posses a special skill (expert)
2) C must rely on the statement to his/her detriment
3) Reliance is reasonable
4) Advisor must know purpose of thier advice
5) Advisor must be made aware the advice is being passed on

Question 9

What is the case for the defendant possessing a special skill?

Answer 9

Mutual life v evatt

Chaudry v prabhakar

Question 10

What case shows the claimant relying on the statement to his/her detriment?

Answer 10

Yianni v Edwin Evan

Question 11

What case shows that reliance must be reasonable?

Answer 11

James mcnaughten v hicks

Question 12

What are the two types of victims in psychiatric injury?

Answer 12

Primary victims
Secondary victims

Question 13

What is the case study for Primary victims?

Answer 13

Page v smith

Question 14

What is a primary victim?

Answer 14

Someone who HAS suffered psychiatric injury that was reasonable foreseeable due to negligence

Question 15

What needs to be under primary victims in an answer?

Answer 15

1) establish/prove primary victim
2) duty of care
3) breach of duty
4) resulting damage
5) recognised by WHO

Question 16

What is a secondary victim?

Answer 16

Someone who has suffered psychiatric injury due to negligence BUT NOT exposed to harm

Question 17

What needs to be under a secondary victims in an exam answer?

Answer 17

1) establish/prove secondary victim
2) duty of care CAPARO
3) breach of duty
4) resulting damage
5) recognised by WHO

Question 18

Under the secondary victim criteria the Caparo test must be used. What is altered from the original test?

Answer 18

Proximity

Question 19

What must be used to prove proximity in the secondary victim answer?

Answer 19

Alcock criteria

Question 20

What 2 cases was the Alcock criteria created?

Answer 20

Alcock v cc South Yorkshire police

Liverpool v Nottingham forest

Question 21

What are the 4 parts of the Alcock criteria?

Answer 21

1) close tie of love and affection (courts to decide)

2) witness event with own unaided senses

3) proximity to the event or its immediate aftermath

4) psychiatric injury cause by a shocking event

Question 22

What are the other types of people may be able to claim?

Answer 22

Voluntary rescuer
Professional rescuer
Bystanders
Property owners
Near missers

Question 23

What victims are voluntarily rescuers classed as?

Answer 23

Primary victims