Unit 5 Flashcards
Which of the following statements is not one of the policy reasons for the reluctance to find a duty of care for psychiatric damage?
Psychiatric damage is not as harmful as physical correct
Which of the following is potentially actionable in negligence as psychiatric damage?
Severe depression which is medically certified
Which case is the odd one out?
Sion v Hampstead HA- there was no duty because the damage was sustained over an extended period. There was a duty of care in the other three cases.
Which of the following is not true of a primary victim
She must suffer physical injury in order for a duty to be owed to her for psychiatric injury correct
Which of the statements below does not accurately reflect what is required of a claimant by the ratio of Alcock v Chief Constable of S. Yorkshire?
Reasonable foreseeability that she would be physically injured by the negligence
There was no liability to the plaintiff in Bourhill v Young because she was not physically injured. True or false?
False. The reason was that she was outside the range of foreseeable physical injury
Which situation would qualify as ‘immediate aftermath’ for the purposes of establishing duty of care for psychiatric damage?
Attending a hospital to see the victims two hours after the accident- illustrated in McLoughlin v O’Brian.
In which case below was the rescuer successful in his negligence claim?
Chadwick v British Railways Board
The proposal for the abolition of the Alcock requirements of physical proximity and experience with unaided senses comes from which source?
The Law Commission Report of 1999
Which was the least important factor in the decision in Donachie v CC Greater Manchester?
The claimant developed his condition over an extended period. The claimant developed his condition over an extended period
Although he was not suddenly shocked, this work-related stress developed over a relatively short period and this did not impede liability.
