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Private Law 2 - Delict > week 5 > Flashcards

week 5 Flashcards

(53 cards)

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1
Q

bourhill v young

A

not immediate enough to accident to claim
miscarriage at tram crash

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2
Q

Walker v Northumberland 1995

A

employer failed duty of care to employees psychiatric health
social worker whos employer was negligent in not reducing hours after a nervous breakdown

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3
Q

Primary victims?

A

person to whom duty was owed, participated in the event

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4
Q

Dooley v cammell laird and co ltd 1951

A

To be a primary victim, must be shown to participate
dockworkers crane snapped, he thought he had killed someone, nervous shock
was the fault of the company too heavy for crane
claim allowed, primary victim

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5
Q

Secondary Victim

A

harder to get damages
where shock or fear is suffered for another

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6
Q

simpson v ICI 1983

A

NO MEDICAL PSYCHIATRIC HARM NO DAMAGES
explosion happened at defenders premises where pursuants worked
claim failed, no diagnosed psychiatric harm

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7
Q

Page v Smith 1996

A

IF PHYSICAL HARM IS FORSEEABLE SO IS PSYCHIATRIC HARM
claimant in car crash, lucky to not get injured but did cause his chronic fatigue syndrome to relapse
claim granted, irrelevant if that specific harm was unforseeable

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8
Q

Dulieu v R White and Sons 1901

A

NERVOUS SHOCK CAN BE CLAIMED FOR REASONABLE FEAR FOR IMMEDIATE SAFETY
pregnant bar worker, cart crashed through pub
genuine fear for life, and caused early pregnancy
claim allowed

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9
Q

Hambrooks v Stokes 1925

A

Claim easier for secondary if for childrens safety
mother had genuine fear for childrens safety

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10
Q

Mcloughlin v O’Brian 1983

A

Family of claimant in a crash
C was informed of accident two hours after, arrived at hospital to hear of death to one child and seeing extensive injuries on husband and another child

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11
Q

Alcock v Chief Constable of South Yorkshire 1992

A

ESTABLISHED ALCOCK TEST
Hillsborough football disaster families claim
leading case on secondary psychiatric harm

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12
Q

Alcock test

A

Close tie of love and affection
Presence at event or immediate aftermath
direct perception

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13
Q

Robertson v forth Road Bridge joint board 1995

A

LOVE AND AFFECTION GENERALLY HAS TO BE VERY CLOSE
Robertsons colleague of 30 years was knocked off the bridge
claim failed, not close enough

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14
Q

Young v McVean 2015

A

Presence at event has to be the place mental shock was suffered
mother drove past crash going to meet son
when she found out her son had died in that crash shed passed
claim failed, did not satisfy alcock

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15
Q

Wilkinson v Downton 1897

A

Liability can be found in intentional infliction of mental shock
defendant told pursuant her husband had a serious accident
claim allowed, for shock and medical expenses

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16
Q

in medicine who is secondary victims

A

Persons close to the patient who suffer psychiatric harm as a result of negligent treatment to the patient

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17
Q

RE (a minor) v Calderdale and Huddersfield NHS Foundation Trust 2017

A

PTSD for secondary medical negligence victims
grandmother alleged ptsd after witnessing negligent and traumatic delivery of grandchild
claim allowed

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18
Q

Liverpool womens hospital v Ronayne 2015

A

Alcock still needs to be satisfied
husband witnessed wife suffer complications over 36 hour surgery
claim failed, length did not satisfy shocking nature for alcock

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19
Q

Paul and another (appelants) v Royal Wolverhampton NHS Trust 2024

A

secondary victims where earlier clinical negligence led to death
appeals were dismissed, no external accident, did not satisfy alcock

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20
Q

Attia v British Gas Plc 1988

A

Claim for Psychiatric harm with property damage
negligent heater installation caused pursuants house to blow up
court allowed their claim for psychiatric damages seeing their house destroyed

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21
Q

Proffesional negligence

A

negligence linked to a specific skill or ability ie solicitor, tradespeople

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22
Q

Caparo v Dickman 1990

Study These Flashcards
A

Established 3 step test for if a duty of care existed
caparo had taken over a company, the companies auditors had negligently misrepresented something monetarily
claim was not allowed, reports had not been made with the intention of caparo using them

23
Q

3 step test for if duty exists, established in caparo v dickman

Study These Flashcards
A

was the damage reasonably forseeable
were the pursuing party proximate enough
was it fair just and reasonable to impose a duty

24
Q

what is the standard judges will compare a defendants acts to in negligence

Study These Flashcards
A

what is standard in that profession

25
Hunter v Hanley
doctor was alleged to be negligent in using a certain type of needle court gave 3 aspect to analyse is there an established practice did defender adopt that practice is the practice of the defender, one that no one else wouldve taken
26
Bolam v Fiern Hospital Management
same method as hunter v hanley 3 aspects is there an established practice did defender adopt that practice is the practice of the defender, one that no one else would've taken
27
gordon v Wilson 1992
PROFESSIONAL NEGLIGENCE CANNOT BE ESTABLISHED JUST BECAUSE OF CONTRARY OPINION argued a doctor was negligent in delaying to refer a patient to a specialist on opinion agreed one didnt no negligence even where there is a contrary body
28
what Case refers to inexperienced professionals
Wilsher v essex health authority
29
what did wilsher v essex health authority say regarding experience of professionals
there is no distinction made regarding experience
30
what did sidaway v bethem Royal hospital board of governers say about specialties
there is specificity regarding specialties for negligence
31
Edgar v lamont 1914
contracts can impose duties that would not be available in delict
32
JG Martin Plant Hire ltd v Macdonald 1996
where there is a contractual agreement, actions can be made through both contract and delict
33
Hedley Byrne and Co Ltd v Heller and partners ltd 1964
Parties may be liable for negligent advice even without a contract liability exists for advise, the same as for actions there can be recovery for economic loss without damages to property or person
34
to find liability for statements without a contract, what criteria do the court look for (as per hedley byrne)
the pursuer relied on statements defender ought to have known that pursuer would rely on statements party making statements, implicitly or explicitly undertook responsibility for it
35
Gaboo Ltd v Bright Graham Murray 1994
Duty only arose if defenders were made expressly aware that a specific party would rely on the advice with no other inquiries
36
Goodwill v British Pregnancy Advisory Service 1996
Pursuer needs to show that they themselves relied on the PURSUERS statement man got vasectomy, had sex and got someone pregnant pregnant women sued but claim failed
37
Macfarlane v Tayside Health Board
Similar to Goodwill, failed vasectomy leading to pregnancy in this instance it was between married couple claim was allowed for pain and suffering and damages was reasonably forseeable that wife would rely on vasectomy
38
Steel v Nram
It is not reasonable for a company to rely on the other company in an interactions advise solicitor acting for party pursuant was doing a deal with negligently misrepresented statements no liability found
39
Henderson v Merrett Syndicates ltd 1995
Even with a contract negligence claims can arise for the prohibition of professional services managing agents conducted claimants financial affairs alleged they mismanaged funds, claim allowed
40
Barnett v Chelsea and Kensington Hospital Management 1969
Doctors are under no obligation to a stranger arsenic tea case duty is only imposed once doctor has assumed responsibility claim failed, doctors owed no duty, and patient wouldve died either way
41
Medical neglience standard of care
A reasonable person exercising ordinary skill for their proffesion
42
What standard of care was established in Hunter v Hanley for medical negligence
Failure to suffice that no other doctor of ordinary skill would be guilty of if acting with ordinary care
43
How de we establish if a doctor acted as no other doctor would
1 - what is usual and normal practice 2 - did the doctor follow that 3 - was the doctors course of that which no other would have taken if acting with due care
44
what is the courts method if there is more than one accepted practice
as long as practice is accepted by more than one responsible medical body and a body is not negligent if there is more than one course of action
45
Belitho v City and Hackney Health Authority
Defending doctor needs to show opinion has logical basis
46
Montgomery v Lanarkshire Health Board
Standard for Patient autonmy Complications during childbirth caused disabled child montgomery argued doctors were negligent in not identifying her issue and offering c section Doctors have a duty to inform patients of risks which a reasonable person would consider
47
what 2023 case establishes that the proffesional practice test, where a doctor decides if anothers treatment is reasonable
McCulloch v Forth Valley Health Board 2023
48
Causation in medical negligence
must be proven that the breach caused injury in fact and law (Barnett v Chelsea and Kensington Hospital Management 1969) but for the breach
49
what is the but for test in medical negligence
more than 50 percent that "but for" wrongdoings damage would have occurred
50
Gregg v Scott 2005
Loss of a chance man wasnt diagnosed at first appointment for cancer, but was at second survival rate was 42 percent at first 25 once diagnosed you cannot make a claim for loss of a chance, under 50 percent difference for but for test
51
legal causation in medical claims
Remoteness, was damage forseeable
52
Sabri tabrizi v Lothian Health Board 1998
New intervening act, failed sterlisation caused first pregnancy, allowing claim second pregnancy was forseeeable from pursuants actions claim failed
53
Pidgeon v Doncaster Health authority 2002
Failure to go under routine testing for cancer, was contributorily negligent 2/3 contributory negligence

Private Law 2 - Delict (6 decks)

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