Negligence - Duty of care Flashcards
(12 cards)
What are the 3 steps to establishing a negligence claim?
1) That there was a duty of care owed
2) That that duty was breached
3) Breach caused harm
What is an established duty situation?
situation where there is a confirmed duty of care - lawyer to client, parent to child, driver to pedestrian.
What is the test for a novel duty situation? Under Caparo V Dickman
A) reasonable foresight of harm
B) Sufficient proximity of relationship
C) Fair, just and reasonable.
What is the difference between consequential loss and pure economic loss?
Consequential loss is loss resulting from injury like time off work. Pure economic loss is potential profits.
What is the rule for PEL
The general rule is no duty of care owed. But the exception is negligent statements.
What are the two conditions to satisfy negligent statement in PEL? Caparo V Dickman
There must be an assumption of responsibility (1) and it must have been reasonable for them to rely on the advice.
What factors are taken into account when considering if it was an assumed responsibility under caparo v dickman PEL
1) Advisor knew purpose for advice
2) Advisor knew advice would be communicated
3) Advisor knew advisee would act without enquiry
4) Advisee did act to their own detriment.
What is definition and rule for pure psychological harm ?
No duty of care is owed unless
(1) caused by a sudden shock and either;
- medically recognised psychiatric illness; or
- shock induced physical condition
In what scenario are primary victims owed a duty of care under PPH?
If physical injury must have been foreseeable
Under Alcock v South Yorkshire Police What must be satisfied for secondary victim to be owed a duty of care under PPH?
1) Foreseeability of psychiatric harm (normal fortitude).
2) Proximity of relationship (love and affection).
3) Proximity of time and space (at scene or Immediately aftermath).
4) Proximity of perception (own senses).
What is the egg shell skull rule?
Must take the victim as they are in negligence even if they have a condition that makes the damage worse.
Rule under McLoughlin v O’brian test for how shock must be communicated ?
(1) shock must come to claimant through sight or hearing of event or immediate aftermath
(2) cannot be communicated by third party
