Reasonable fortitude
- 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.
- 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
- In which case did Lord Wilberforce apply his two stage test of liability for psychiatric injury? McLoughlin v O'Brian
- Which case signaled the start of the contraction of liability for psychiatric injury? 5. Duty of Care: Economic Loss
- 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.
- Which case outlines an exception to the rule that, generally, social situations do not give rise to a special relationship? Chaudhry v Prabhaker
- What was the nature of the claimant's actionable damage in McFarlane v Tayside Health Board? Wrongful birth
- Which case is generally regarded as the ‘high-water’ mark of liability for economic loss in negligence? Junior Books v Veitchi Co Ltd
- Which of their Lordships in Caparo outlined the five particular circumstances in which liability for economic loss can lie? Lord Oliver
- 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
- Which activity was involved in the facts of Spring v Guardian Assurance? The writing of an employment reference.
6. Miscellaneous Situations
- What is the legally significant difference between a large group of persons and an indeterminate group of persons? An indeterminate group is one whose membership cannot be foreseen.
- Which case formed the principle that the police owe no duty of care to individual members of the public?
- What alternative means of recovery is open to victims of torts which are also crimes? Compensation from the Criminal Injuries Compensation Board
- What was the public policy decision made in McKay v Essex AHA? That someone cannot claim in tort for having been born (a wrongful life claim).
- Is there ever a duty to rescue in the tort of negligence? Only where party has made some undertaking to another, or where the law imposes such a duty (such as parents to their children).
7. Breach of Duty: The Standard of Care
- What is the name of the objective test applied by the courts to establish whether or not a defendant has breached his duty of care? The “reasonable man” test
- What is important about the fact that this test is objective rather than subjective? An objective test does not take the characteristics of the particular defendant into account; he is held to an externally defined standard.
- What is the concept, used to describe a defendant's conduct, which is often considered by the courts to balance out the taking of risks by that defendant? Utility
- Which partial defence to a negligence action is governed by statute enacted by Parliament in 1945? Contributory Negligence — Law Reform (Contributory Negligence) Act
- Which test says that “A doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art”? The Bolam test, from Bolam v Friern HMC
- Is it true that the Bolam test applies only to professional doctors? No, it is a test for professional individuals in general.
- Which case restricted the effects of the Bolam test? Bolitho v City & Hackney HA
- Which technical term means “the facts speak for themselves”? res ipsa loquitur
- What was the ratio of Nettleship v Weston? That trainees and learners are subject to the same standards of care as those experienced in the activity; the objective test.
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