economic loss + psychiatric injury

Question 1

what’s the Hedley Byrne misstatement test?

Answer 1

-the defendant making the statement possesses some special skill relating to the statement
-and knows its highly likely that the claimant will rely on the statement
-and the claimant does rely on it, thereby incurring financial loss
-and it was reasonable for the claimant to rely on it

Question 2

what are some key cases on pure economic loss?

Answer 2

-Chaudhry v Prabhakar
-JEB fasteners v Bloom
-Hedley Byrne v Heller

Question 3

what is psychiatric injury?

Answer 3

a long-term, diagnosed mental injury greater than shock or grief

Question 4

what’s the difference between primary and secondary victims?

Answer 4

primary victims are those within the zone of physical danger
secondary victims are those not within the zone of physical danger, but a witness of the horrific events

Question 5

what are the 4 Alcock tests?

Answer 5

the victim must
-have a close tie of love and affection with a primary victim (assumed for parents and spouses)
-witness the event with their own unaided senses (no TV etc.)
-be proximate to the event itself or the immediate aftermath
-receive psychiatric injury as a result of a shocking event

Question 6

what did Young v Downey add to the Alcock tests?

Answer 6

must appreciate their loved on has been / may have been injured in the incident witnessed

Question 7

what must be proven as foreseeable in psychiatric injury claims?

Answer 7

that physical harm was foreseeable, psychiatric injury doesn’t have to be foreseeable

Question 8

what is the rule on rescuers as secondary victims?

Answer 8

they can’t claim as secondary victims

Question 9

key cases on psychiatric injury

Answer 9

-Hinz v Berry
-Hicks v Chief Constable of South Yorkshire
-Alcock v Chief Constable of South Yorkshire
-Sion v Hampstead Health Authority
-White v Chief Constable of South Yorkshire