No injury to C or others property, just loss of money.
1 of 20
What is pure psychiatric harm?
Sudden shock, no physical impact or injury but harm caused by sudden shock. Consequential psychiatric harm is physical injury caused by sudden shock.
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Who can recover P.E.L?
A d does not owe a d.o.c to a c not to cause p.e.l.
3 of 20
What does the case of Murphy establish?
Loss here was p.e.l and therefor not recoverable.
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What does the case of Spartan Steel establish?
C's could recover damages for damage to property belonging to c,consequential economic loss but not p.e.l.
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When can someone recover p.e.l?
Exception to the rule - a d.o.c in respect to p.e.l is owed if there is a special relationship between d and c.
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What did the case of Hedley v Byrne establish?
Exception to p.e.l rule! D liable for careless statement if special close relationship between c, involving assumption of responsibility by d and reasonable reliance by c.
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What does the C need to show to establish this special relationship?
Caparo - the adviser(A) knew purpose for which the advice was required,A knew that advice would be communicated to advisee(as) the a knew that the as was likely to act on advice w/o indep inquiry, as did act on a to their detriment.
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What did the case of Henderson establish?
Modern test for determining assumption of responsability.Negligent provision of professional services.
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What did the case of spring establish?
Careless statement made to a third party who relied on it to detriment of C. Recovering P.E.L can include provisions of a service where there had been the appropriate assumption of responsibility and reliance.
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What did the case of White establish?
Disappointing beneficiary - solicitor owed a duty. Loss caused to C as result of negligent provision of a service rather than a statement.
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When will a d.o.c arise in relation to psychiatric harm without physical impact the injury must be..?
Medically recognised psychiatric illness or shock induced physical condition.
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What is the difference between a primary victim and secondary victim?
Primary victims are involved in danger(area or reasonably believe they were in danger) and secondary victims witness danger,not directly involved, fear safety for another person.
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When is a d.o.c owed to a primary victim?
P.V are owed d.o.c in relation to P.H provided risk of physical injury was foreseeable.
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What did Page v Smith establish?
Because the physical injury to C was foreseeable, a d.o.c was also owed in respect to P.H
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When is a d.o.c owed to a secondary victim?
Must satisfy all 4 requirements; proximity of relationship,prox space/time,prox of perception,r.f a person of normal fortitude in c's position would suffer P.H.
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What does Alcock v Chief Constable of South Yorkshire Police establish?
C must see or hear accident or it's immediate aftermath with his own senses.
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What does McLoughin v O'Brian establish?
Exception to immediate aftermath requirement due to family being in same state at hospital they would have been at accident.
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What did White establish?
No special rules for rescuers, treated the same as any other victim. If they are in actual danger area can be P.V but if not they are S.V and very difficult to satisfy relationship requirement.
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What did Chadwick v British Railway Board establish?
Approved white, P.V rescuer treated the same as any other victim.
20 of 20
Other cards in this set
Card 2
Front
What is pure psychiatric harm?
Back
Sudden shock, no physical impact or injury but harm caused by sudden shock. Consequential psychiatric harm is physical injury caused by sudden shock.
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