Negligence
This famous 1932 case established the modern concept of the duty of care in negligence.
What is Donoghue v Stevenson?
A secondary victim must prove
1. A close tie of love and affection
2. Witness event with own unaided senses
3. Proximity to the event or immediate aftermath
4. Psychiatric injury must be a result of a shocking event
What is the Alcock criteria?
This term describes financial loss not accompanied by physical injury or damage to property.
What is pure economic loss?
Negligent misstatement cases usually involve financial loss without this type of harm.
What is physical damage (personal or to property)?
This round orange fruit is commonly carved into jack-o’-lanterns.
What is a pumpkin?
The harm is reasonably foreseeable, there is a relationship of proximity, it is fair just and reasonable.
What are the 3 stages of the Caparo test for a duty of care?
This case established that ordinary grief is not enough to claim for psychiatric harm; a recognised condition must be proved.
What is Hinz v Berry?
In Spartan Steel & Alloys Ltd v Martin & Co, the court held that only this type of loss, not pure economic loss, was recoverable.
What is consequential economic loss?
To succeed in a negligent misstatement claim, the claimant must show that it was reasonable to do this on the defendant’s statement.
What is reliance?
This vegetable was originally carved in Ireland to make lanterns before pumpkins became popular.
What is a turnip?
Where the law is clear that a particular relationship gives rise to a duty of care, either through a statute or case, there is no need to use the Caparo test.
What is the Robinson principle?
Claimants who are not directly involved but suffer psychiatric injury from witnessing harm to others are known by this term.
What is a secondary victim?
This case established liability for negligent misstatements where there is reliance and a special relationship.
What is Hedley Byrne & Co Ltd v Heller & Partners Ltd?
A defendant may avoid liability for negligent misstatement if they clearly include one of these, which excludes or limits responsibility for the statement.
What is a disclaimer?
This stop-motion film directed by Tim Burton features Jack Skellington, the Pumpkin King.
What is The Nightmare Before Christmas?
In negligence, factual causation is often assessed using this test, asking whether the harm would have occurred if it was not for the defendant’s breach.
What is the “but for” test?
In psychiatric harm cases, a secondary victim must experience the event or its immediate aftermath. This principle was illustrated in this case involving a mother arriving at the hospital after her child’s accident.
What is McLoughlin v O’Brian?
The negligence action failed because only profit had been lost. D would have been liable to compensate farmers whose livestock became ill as this would be regarded as property damage.
What is the case of Weller & Co v Foot and Mouth Disease Research Institute?
Courts are often reluctant to impose liability for negligent misstatement where the statement was made in this kind of context, which is seen as too broad and indeterminate.
What is a social or informal setting? (Or context)
Lighting a jack-o’-lantern was originally meant to ward off these mischievous or evil spirits.
What are ghosts?
Reasonable foreseeability of the kind, or type, of damage in fact suffered by the claimant.
What is the remoteness principle from Wagon Mound?
The academic criticism has focused on Lord Lloyd’s restrictive definition of a primary victim as a party who is necessarily within the zone of physical danger. Opinions differ over whether he intended to limit the primary victim category to those claimants who were in physical danger, and it remains unclear as to when a claimant who is not in peril will be recognised as a primary victim.
What is the main criticism of Page v Smith?
An exception to the economic loss rule can arise when the defendant owes this type of special obligation to the claimant, such as through professional services.
What is a duty of care?
Or, what is a special relationship?
This case, Customs and Excise Commissioners v Barclays Bank plc [2006], clarified that the existence of a duty of care in negligent misstatement depends on assumption of responsibility rather than this test alone.
What is the Caparo test?
The name “Halloween” comes from “All Hallows’ Eve,” which is the night before this Christian holiday.
What is ‘All Saint’s Day?’