Week 1 Pop Quiz

Question 1

What are the core elements of the DOC concept?

Answer 1

1. ​Reasonable foreseeability
2. Proximity

per Lord Atkin in Donoghue v. Stevenson [1932]

Question 2

Give two comparative contexts where DOC is treated differently?

Answer 2

1. Public vs. private actor
2. Physical vs. psychological

Question 3

Give 3 cases to demonstrate the differential treatment of DOC in cases of a public authority

Answer 3

Gorringe v Calderdale MBC [2004]

Robinson v Chief Constable of West Yorkshire Police [2018]

CN v Poole BC [2019]

Question 4

Give 3 cases to demonstrate the differential treatment of DOC in cases of a psychiatric injury

Answer 4

Alcock v Chief Constable of SOuth Yorkshire [1992]

Page v. Smith [1996]

Rothwell v Chemical & Insulating Co [2007]

Question 5

What is the question of reasonable foreseeability?

Answer 5

Did the defendant reasonably foresee harm from their negligent act/omission?

Question 6

What happened in Page v. Smith [1996] ?

Answer 6

A 3:2 majority of the House of Lords, led by Lord Lloyd, held that physical and psychological injury were to be treated together as personal injury (providing the victim was a ‘primary victim’ as defined in Alcock).

Question 7

CTS : in order to establish a DOC not to cause psychological injury, defendant need only…

Answer 7

…foresee that by his negligence he may cause phsyical injury.

Question 8

What did Lord Goff say in White [1999]

Answer 8

He called the decision in Page [1996] an unjust extension of authority

Question 9

The existence of a duty of care with regards psychological harm appears to be judged…

Answer 9

…ex post facto

Question 10

In what context is the distinction between PEL and personal injury arguably illogical.

Answer 10

Sale of Goods commercial context.

Question 11

In Alcock Lord Keith stated that promixity for secondary victims of psychiatirc injury required what?

Answer 11

‘close ties of love and affection’

• Such ties are presumed to exist only between parents and children, as well as spouses and fiancés. In other relations, including siblings, ties of love and affection must be proved.

Question 12

What is McFarlane [2000] an example of?

Answer 12

McFarlane [2000] is an example of the overreach of DOC in the negligence inquiry showing that DOC not just significant at the first stage of the negligence inquiry but has also intervened to shape subsequent stages, such as in this case, the question of recoverability of damage.

Question 13

Give 10 established categories of relationship is which a duty of care exists.

Answer 13

 Doctor to patient
 Accountant (Lord Slynn in Phelps v Hillingdon)
 Engineer (Lord Slynn in Phelps v Hillingdon)
 Teacher to pupil
 Solicitor
 Psychologist & educational psychologist (Lord Slynn in Phelps v Hillingdon)
 Local authority to a child in care (Barrett v Enfield LBC)

• Road User to Road user/pedestruan
• Manufacturer to end user
• Referee to Competitor

Question 14

4 key points regarding omissions and acts of TPs

Answer 14

1. Presumption of no liability
2. But also consider cases such as Dorset Yacht and Smith v Littlewoods - Duty
3. Standard of care – Everett v Comojo
4. Causation question needs to be considered too