Beginning of Duty of Care

Question 1

Who is suing who?

Answer 1

Identify claimants

Question 2

Key issues before beginning DoC

Answer 2

1.) Who is suing who?
2.) Death?
3.) D is liable or vicariously?

Question 3

Torts and death? Two Actions

Answer 3

1.) Survival Action

2.) Wrongful Death Action

According to Hoyle v Hampshire

Question 4

Survial Action

Answer 4

Law Reform Act 1934

Reverses the idea that cause of action can still be litigated because of the statute - CL holds no claim

• CoA must has arisen before they died

Excludes Defamation + Bereavement damages

Question 5

What damages are recoverable under Survival Action

Answer 5

• Estate is recovering damages on behalf of deceased
• Longer consuming deaths could be used as compared to short term
• The time between the negligence and is recoverable
• Funeral expenses

Question 6

How expansive is a survival action

TIME DURATION

Answer 6

Very limited: Hicks v CC of the South Yorkshire Police

• very painful death (5 minutes of consciousness)
• BUT - NO DAMAGES RECOVERABLE FOR SWIFT DEATH

Question 7

‘Wrongful Death’ action

Answer 7

• Reverses CL once again
• This action is essentially claiming financial loss from C due to his death

This comes from the fatal accidents act 1976

Question 8

Elements of ‘wrongful death’

Answer 8

1.) **D would have had a claim against D at the time of his death **- must be proof of some tort by F against C, upon which to base a claim under FAA

2.) C = ‘appropriate dependnat’ -> Defined in statute

3.) C has suffered loss of dependency as a result of the Deceased’s death

4.) FAA action is not barred by some defence available to D

Question 9

Are bereavement damages recoverable?

Answer 9

In Fatal Accidents - Wrongful Death YES

• In Survival Action - Law Reform Act 1934 NO