Trots Paper 5 LLB Part one Reasonable fortitude

Reasonable fortitude

4. What is the legally relevant distinction between a primary and a secondary victim? A primary victim is one who apprehends immediate harm to himself as a direct result of the event caused by the negligence.
5. What technical term is used to describe the period of time after an incident, during which a secondary victim must be exposed to the effects in order to claim? Immediate aftermath
6. In which case did Lord Wilberforce apply his two stage test of liability for psychiatric injury? McLoughlin v O'Brian
7. Which case signalled the start of the contraction of liability for psychiatric injury?                                                                                                   5. Duty of Care: Economic Loss

1. What are the three main elements necessary for a situation to be covered by Hedley Byrne-type liability in tort? A special relationship, reliance and that reliance being reasonable.
2. Which case outlines an exception to the rule that, generally, social situations do not give rise to a special relationship? Chaudhry v Prabhaker
3. What was the nature of the claimant's actionable damage in McFarlane v Tayside Health Board? Wrongful birth
4. Which case is generally regarded as the ‘high-water’ mark of liability for economic loss in negligence? Junior Books v Veitchi Co Ltd
5. Which of their Lordships in Caparo outlined the five particular circumstances in which liability for economic loss can lie? Lord Oliver
6. The courts are reluctant to allow claims for economic loss in tort generally because they say that claimants will often have a more appropriate form of redress; what is this? A claim in contract
7. Which activity was involved in the facts of Spring v Guardian Assurance?

The writing of an employment reference.