Indirect Victims and Violation of Privacy

Question 1

List the categories of secondary losses we have learnt about

Answer 1

-Breach of Contract
-Secondary non-pecuniary damages (sad, sad)
-Damages to objects of direct victims, indirect victim suffers a loss because of this

Question 1

What are secondary losses

Answer 1

• Losses caused as a byproduct of a primary loss

Question 2

Explain the judgment of Caparo v. Dickman through the lens concept of indirect victimhood through breach of contract

Answer 2

• In the Caparo v Dickman case,
  -Caparo did not have a contract with Dickman
  -However, he experienced a loss indirectly as
  -Dickman had a contract with Fidelity
  -Caparo had a contract with Fidelity
  -If Dickman were to assume responsibility for the losses
  -which Caparo got through his contract with Fidelity
  -This would undermine Caparo’s contract with Fidelity

Question 3

Why must claims of liability in cases like Caparo v. Dickman be restrictively allowed?

Answer 3

-Floodgates argument
-prevent overwhelming amount of claims
-prevent insurance paying too much
-and perhaps not being able to pay
-power of tort law comes from insurance
-tortfeasor typically does not have the funds

Question 4

Explain the concept of indirect victimhood through. breach of contract through White . Jones

Answer 4

-Indirect victimhood here allows liability because
1. passed the duty of care test
-forseeable
-sufficient degree of proximity
-fair, just and reasonable

    -claim allowed in contrast to Caparo v. Dickman because
      -much more limited amount of victims
         -floodgates arguments

Question 5

Explain the judgment of Guadras v. Dangeroux through the lens of Secondary non-pecuniary damages (sad, sad)

Answer 5

-For pecuniary damages FOR GRIEF to be obtained
-you do not have to have a legal relationship with the person (Guadras’ lover was killed by Dangerous)
-the damages just have to be CERTAIN

Question 6

Describe the test formulated in Alcock v. Chief Constable

Answer 6

Duty of care for indirect non pecuniary damages, MENTAL ILLNESS
-All three types of proximity must be fulfilled:
1. emotional proximity(close ties of love and affection)
a. Can be found in:
-familial bonds- marriages, fiancess
b. Must be proven in case of siblings, distant relatives or spouses in law
2.physical and temporal proximity
3.Proximity of perception (seeing that shit)

Question 7

Describe the facts of the Alcock v. Chief Constable case

Answer 7

-Joined action by Alcock and several others against police
-death in stadium caused by police failing to stop too many fans from gathering in one part of the stadium
-many of the claiments said they had withnessed friends and relatives die live

Question 8

What was the judgment in Alcock v. Chief Constable case

Answer 8

-Those who had merely witnessed the people’s deaths live did not meet the requirements of proximity
-Those who had merely heard the crush happened were not allowed compensation
-But if you arrive at the scene of the accident (hadn’t acc seen) BUT saw loved one* bleeding
-then you can get money

Question 9

What were the facts of the Spartan Steel & Alloys Ltd. V. Martin& Co. Ltc Case

Answer 9

-While digging up a road, the defendants negligently cut a power cable to the factory of the plaintiff
-plaintiff had to pour molten metal out of its furnace to prevent damage to the furnance
-Plaintiff sued for:
a. physical damage to melt in a furnace
b.loss of profit on that melt;
c.loss of profits on four other melts that could have been carried out during the period of the power cut

Question 10

What was Lord Denning’s judgment in Spartan Steel & Alloys Ltd. V. Martin & Co. Ltc Case

Answer 10

• defendant only liable for:
  -physical damage to melt in a furnance
  -loss of profit on that meltBUT not the loss of profits on the other melts which have been carried out during oopsie time

Question 11

What would a German judge’s judgment possibly be of the Spartan Steel & Alloys Ltd. V. Martin & Co. Ltc Case

Answer 11

-honestly idk

Question 12

What were the facts of the Hachette Flipacchi v. France case

Answer 12

-Prefect (whatever the hell that is) is murdered
-Photo of mutilated body of prefect is published in a newspaper
-This causes distress to the prefect’s family
-Prefect’s family sues the family to invoke the:
1. seizure of any copies which have the photo ibn them
2. A statement of the magazine that they published the photo without consent enforced by a fine

Question 13

What was the decision of the ECHR in the Hachette Flipacchi v. France case

Answer 13

• Injunction 1 not allowed
  -Injuction 2 does not violate art.10 (freedom of expression)

Question 14

Explain the decision in the Hachette Flipacchi v. France case

Answer 14

-Injunction2. allowed because the injunction does not have a deterrent effect on the press

Question 15

Explain the facts of the Destruction of Sperm case

Answer 15

-Surgery would render plaintiff infertile, so he put a sample of his frozen sperm in storage with defebndant
-Defendant destroyed the sperm negligently
-Plaintiff claims damages (DM 25,000) for emotional distress
-claim based on violation of bodily integrity and/or
violation of the general personality right

Question 16

What was the question of law in the destruction of sperm case

Answer 16

-Was the destruction of the plaintiff’s sperm a violation of bodily integrity and/or a violation of the general personality right?

Question 17

What was the decision of the BGH in the Destruction of Sperm case

Answer 17

-Allowed because
-egg still has functionali unity with the body (bodily integrity)
-because INTENTION to reunite them with the female body
-but sperm will not be reunited with male body
-but bodily function of reproduction is indentifcal as the bodily function of eggs
-sperm pres. just as important as preservation of eggs in terms of:
-self-determination

Question 18

What are the limits to privacy in tort (case) law?

Answer 18

-Privacy of patients:
-meical doctors and psychologists/ psychiatrists are obliged to respect the privacy of their clients

Question 19

Explain the facts of the Tarasoff v. Regents of University of California

Answer 19

-Student Prosenjit Poddar falls in love with Tatiana
Tarasoff.
-Poddar goes to therapy
-Tells Moore his intention to kill Tarasoff
-Moore reports campus police
-Tarasoff nor her parents receive any warning
-Several weeks later, Poddar
carries out the plan he had confided to Moore,
stabbing and killing Tarasoff.
-Parents sue Moore and other members of uni for not warning THEM

Question 20

What was the question of law in the Moore v. Tarasoff case?

Answer 20

-Did psychologist Moore owe a duty of care to Tarasoff?

Question 21

What was the decision of the California Supreme Court?

Answer 21

-A mental health professional has not only a duty only
to a patient but also to individuals who are
specifically being threatened by a patient.

Question 22

Is there typically a limitation period for tort claims

Answer 22

yup

Question 23

Explain the case facts of Howad Moor and Others v. Switzerland

Answer 23

-Howald Moor and Others v. Switzerland
(European Court of Human Rights 2014)
-Employee Moor was exposure to asbestos in the
course of his work in the 1960s and 1970s
- In May 2004 he is diagnosed with malignant
pleural mesothelioma (a highly aggressive
malignant tumour). He dies in 2005.
His wife and two children claims damages from Mr
Moor’s employer
-The Swiss courts dismisses the claims for damages on
the grounds that they were time-barred

Question 24

What was the judgment of the ECHR court in the Howald Moor and Others v. Switzer

Answer 24

-Swiss courts disallowment was a violation of the right to access to justice