Economic Loss And Psychiatric Injury Flashcards
What are the two types of economic loss?
Consequential, pure
What is the case to show the two types of economic loss?
Spartan steel v Martin
What is consequential economic loos?
Loss of money because of physical loss.
Consequence of negligent act
What is pure economic loss?
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
What is the definition of a negligent misstatement?
Representation of fact which is carelessly made and relied upon by another party to their detriment
What is the case which established negligent misstatements and a special relationship?
Hedley Byrne v heller
Bank case which had a disclaimer
What is primarily used to establish a special relationship
Caparo test
Caparo v Dickman
HOL gave further guidelines to assist in establishing a special relationship. What are these guidelines?
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
What is the case for the defendant possessing a special skill?
Mutual life v evatt
Chaudry v prabhakar
What case shows the claimant relying on the statement to his/her detriment?
Yianni v Edwin Evan
What case shows that reliance must be reasonable?
James mcnaughten v hicks
What are the two types of victims in psychiatric injury?
Primary victims
Secondary victims
What is the case study for Primary victims?
Page v smith
What is a primary victim?
Someone who HAS suffered psychiatric injury that was reasonable foreseeable due to negligence
What needs to be under primary victims in an answer?
1) establish/prove primary victim
2) duty of care
3) breach of duty
4) resulting damage
5) recognised by WHO
What is a secondary victim?
Someone who has suffered psychiatric injury due to negligence BUT NOT exposed to harm
What needs to be under a secondary victims in an exam answer?
1) establish/prove secondary victim
2) duty of care CAPARO
3) breach of duty
4) resulting damage
5) recognised by WHO
Under the secondary victim criteria the Caparo test must be used. What is altered from the original test?
Proximity
What must be used to prove proximity in the secondary victim answer?
Alcock criteria
What 2 cases was the Alcock criteria created?
Alcock v cc South Yorkshire police
Liverpool v Nottingham forest
What are the 4 parts of the Alcock criteria?
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
What are the other types of people may be able to claim?
Voluntary rescuer
Professional rescuer
Bystanders
Property owners
Near missers
What victims are voluntarily rescuers classed as?
Primary victims
