Compensable Harm
No - because it is necessary to be successful in negligence that you actually suffer harm.
What is the name of the 'snail in the bottle' case?
Donoghue v Stevenson
What is negligence?
Doing something that a reasonable person would not have done, or not doing something that a reasonable person would have done
What are the two types of compensable mental harm?
Pure and consequential
What is the name of the judge who established the neighbour principle?
Lord Atkin
What are the elements of negligence?
Duty of care, breach of that duty and damage
Provide an example of consequential economic harm
What is a prima facie duty of care?
A recognised relationship, or where there is conduct that directly causes foreseeable personal harm
If you are sending a text while driving and hit a car, you partake in a positive act as well as an omission. What is the act and what is the omission?
Act - texting and looking at phone
Omission - failing to keep a proper lookout
What are types of mental damage that are not recognised as compensable?
What is the principle of personal autonomy?
Why is there no general duty to rescue another person?
Because we should all have personal autonomy, and imposing this duty would negate personal autonomy
Provide an example of pure mental harm.
A potential example could be a first responder (i.e,. Ambulance worker) who witnesses traumatic events and develops a recognised psychiatric disorder
Provide an example of a factor that would negate a duty of care.
Many examples, but some could be: where allowing a duty of care conflicts with a contract; allowing a duty would interfere with a statute; would result in indeterminate liability
What is the main legislation in WA that governs negligence? (and bonus points if you can answer why it was implemented)
Civil Liability Act 2002 (WA)
Implemented in response to insurance crisis