Legal Principles of Omissions and Duty of Care
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Questions and Answers

What is the general principle regarding the duty to act for the benefit of others?

  • Individuals must always prioritize others over themselves.
  • There is no duty to act for the benefit of others. (correct)
  • A duty of care is presumed in all situations.
  • There is always a duty to act for others.

In which case was the principle of no duty to protect a claimant from injury highlighted?

  • Smith v Chief Constable
  • Reeves v Metropolitan Police Commissioner
  • Glaister v Appleby-in-Westmorland Town Council (correct)
  • Stovin v Wise

What is the rationale provided by Lord Hoffman regarding the omission doctrine?

  • Omissions should be treated as serious breaches of duty.
  • It's less of an invasion of freedom to consider safety over rescue duties. (correct)
  • People should always help those in peril.
  • Everyone should be held liable for their omissions.

Which situation would typically NOT impose a duty to act?

<p>A bystander observing a fight without intervening. (A)</p> Signup and view all the answers

Under which circumstance might an omission be treated as an active duty?

<p>When a driver fails to brake at a junction. (B)</p> Signup and view all the answers

What unique relationship may impose a duty of care on an individual to act?

<p>Guardians of individuals unable to protect themselves. (A)</p> Signup and view all the answers

In Reeves v Metropolitan Police Commissioner, what aspect of duty was not challenged?

<p>The existence of a duty of care. (C)</p> Signup and view all the answers

What factor might trigger a duty to act, even in cases typically seen as omissions?

<p>Prior involvement in a related activity. (B)</p> Signup and view all the answers

What is required of an occupier regarding the safety of their premises?

<p>Take reasonable care to keep premises safe for the purposes for which visitors enter. (D)</p> Signup and view all the answers

In terms of liability, what does a relationship between D and the person who harmed C imply?

<p>D may have a duty to take reasonable care to prevent harm. (A)</p> Signup and view all the answers

What must D do if they create a source of danger?

<p>Take steps to safeguard others against the danger they created. (A)</p> Signup and view all the answers

How does tort law typically determine liability regarding third parties?

<p>By focusing on immediate wrongdoers unless in exceptional circumstances. (A)</p> Signup and view all the answers

What distinguishes primary victims from secondary victims?

<p>Secondary victims can witness injuries to others but do not suffer directly. (A)</p> Signup and view all the answers

In what scenario does a primary victim establish a duty of care?

<p>By being in the foreseeable 'zone of danger' during an incident. (C)</p> Signup and view all the answers

What was the conclusion in Smith v Littlewoods Organisation Ltd regarding liability?

<p>They were not liable due to lack of control over the premises. (A)</p> Signup and view all the answers

What is typically necessary for a claim of psychiatric injury to be valid?

<p>The claimant must suffer a recognized psychiatric injury. (D)</p> Signup and view all the answers

How are rescuers treated under duty of care principles?

<p>They are treated more generously than ordinary secondary victims. (C)</p> Signup and view all the answers

Which factor influences whether a parent company has a duty of care over a subsidiary's actions?

<p>The extent of the parent company’s intervention in management. (C)</p> Signup and view all the answers

What is a key factor that courts consider when dealing with psychiatric injury claims?

<p>Whether the claimant was foreseeable within the zone of danger. (A)</p> Signup and view all the answers

Which of these statements is true regarding liability for police conduct?

<p>Duty may be imposed when there is control over individuals posing risks. (C)</p> Signup and view all the answers

What stance does tort law usually take on the relationship between immediate wrongdoers and liability?

<p>It strictly acknowledges only immediate wrongdoers as liable. (D)</p> Signup and view all the answers

What is the requirement for psychiatric injury to be compensable for secondary victims?

<p>The psychiatric injury must be foreseeable in a person of ordinary fortitude. (B)</p> Signup and view all the answers

Which case established that a plaintiff could not claim for psychiatric injury caused solely by a third party's communication?

<p>McLoughlin v O’Brien (C)</p> Signup and view all the answers

What are the elements Lord Wilberforce specified for establishing a duty of care (DoC) for secondary victims?

<p>Foreseeability, close tie of love and affection, means of perception. (A)</p> Signup and view all the answers

In Alcock v Chief Constable of South Yorkshire, what was emphasized regarding the means of perception required for secondary victims?

<p>The presence at the event must be through visual or auditory means. (D)</p> Signup and view all the answers

In the case of Attia v British Gas, what was the primary legal issue concerning psychiatric harm?

<p>Whether witnessing property destruction could cause secondary trauma. (D)</p> Signup and view all the answers

Which of the following statements about secondary victims is correct?

<p>Secondary victims can claim for injuries caused by negligent actions of others. (A)</p> Signup and view all the answers

Which case addressed the issue of a 'sudden appreciation of horrifying events' for secondary victims?

<p>Walters v North Glamorgan NHS Trust (A)</p> Signup and view all the answers

What legal concept was dismissed in Assia’s claim in Attia v British Gas regarding damages for psychiatric harm?

<p>The concept that property damages do not equate to personal injury. (C)</p> Signup and view all the answers

What is the 'eggshell personality' rule related to in the context of psychiatric injury?

<p>The defendant is liable for injuries as they find the victim. (A)</p> Signup and view all the answers

What does Section 38(1) of the Limitation Act 1980 define as 'personal injuries'?

<p>Any disease and impairment of physical or mental condition. (A)</p> Signup and view all the answers

What did the House of Lords assert regarding the understanding of a duty of care in relation to psychiatric injury?

<p>The defendant’s liability extends to foreseeable psychiatric injury for secondary victims. (B)</p> Signup and view all the answers

Which of the following is a barrier to establishing a duty of care for secondary victims as per the Alcock case?

<p>The plaintiff witnessed the event via digital media. (A)</p> Signup and view all the answers

What is primarily at stake regarding the duty of care in the scenario discussed?

<p>The safety of the product for consumers (D)</p> Signup and view all the answers

In the context of secondary victim claims, which aspect does the court NOT consider crucial based on the content provided?

<p>The emotional distress of the primary victim. (B)</p> Signup and view all the answers

What limitation is placed on claims for emotional distress in relation to secondary victims based on the legal precedent?

<p>The emotional distress must arise from witnessing physical injury of a close individual. (C)</p> Signup and view all the answers

Under Lord Wilberforce's Anns test, what is the first question one must ask to establish a duty of care?

<p>Is the relationship one of proximity or neighborhood? (B)</p> Signup and view all the answers

In the Murphy v Brentwood case, what type of loss did the court rule as non-recoverable?

<p>Pure economic loss from defective property (C)</p> Signup and view all the answers

What was the key issue in the Page v Smith case regarding psychiatric injury?

<p>If physical injury was foreseeable (D)</p> Signup and view all the answers

What significant principle was overruled in the Murphy case concerning Anns v Merton?

<p>Duty of care can never arise in economic loss (A)</p> Signup and view all the answers

Which of the following statements most accurately reflects Lord Lloyd's view on psychiatric injury?

<p>Primary victims can claim for psychiatric injuries without prior physical harm. (D)</p> Signup and view all the answers

What consequence did the Anns test imply for local authorities with respect to inspection during the building process?

<p>They may owe a duty of care to occupants of buildings. (B)</p> Signup and view all the answers

What did Lord Keith criticize regarding the Anns decision in Murphy v Brentwood?

<p>It incorrectly classified economic loss as physical damage. (D)</p> Signup and view all the answers

How does the concept of 'thin skull' apply to primary victims according to Page v Smith?

<p>It allows claims regardless of physical injuries sustained. (C)</p> Signup and view all the answers

Which of the following statements about the duty of care is correct?

<p>Duty of care can arise without a close personal relationship. (D)</p> Signup and view all the answers

What does the 'floodgates argument' refer to in negligence claims?

<p>A concern that wide liability leads to excessive claims. (A)</p> Signup and view all the answers

In Dulieu v White & Sons, what aspect of injury is being evaluated?

<p>Psychiatric injury as a result of negligent acts (A)</p> Signup and view all the answers

What does the term 'primary victims' refer to in the context of duty of care?

<p>Individuals who directly experience harm (C)</p> Signup and view all the answers

Which legal concept differentiates primary victims from secondary victims?

<p>The foreseeability of harm they experience (A)</p> Signup and view all the answers

Under what conditions might an employer be liable for the shock experienced by an employee present at the scene of an accident?

<p>If the employer's negligence causes the employee to believe they caused the injury. (C)</p> Signup and view all the answers

What was the primary reason Cazalet J dismissed C's claim in Greatorex v Greatorex?

<p>D did not owe a duty of care to others regarding self-inflicted harm. (B)</p> Signup and view all the answers

What does the Caparo test assess when determining the existence of a duty of care?

<p>The foreseeability, proximity, and fairness of imposing a duty. (C)</p> Signup and view all the answers

What was established in Page v Smith regarding primary victims and their ability to recover damages?

<p>Primary victims can recover damages for shock due to a reasonable fear for their own safety. (C)</p> Signup and view all the answers

In Robinson v Chief Constable of West Yorkshire, what principle was reaffirmed regarding public authorities like the police?

<p>Ordinary principles of negligence apply to public authorities. (D)</p> Signup and view all the answers

What was a key aspect of the Caparo decision regarding economic loss?

<p>Pure economic loss must be limited to cases with specific purposes. (B)</p> Signup and view all the answers

In the case of Dulieu v White, what was the outcome for the claimant?

<p>C was awarded damages for miscarriage caused by shock from an immediate threat. (D)</p> Signup and view all the answers

What conclusion did Lord Oliver in Alcock draw regarding negligent acts and their impact on secondary victims?

<p>Negligent acts can sometimes exempt the secondary victims from traditional restrictions. (A)</p> Signup and view all the answers

In the case of Chadwick v British Transport Commission, what was the main reason C's claim succeeded?

<p>It was reasonably foreseeable that rescuers might suffer personal injury. (A)</p> Signup and view all the answers

What was the ruling in Rothwell v Chemical & Insulating Co Ltd regarding psychiatric injury?

<p>There was no strong evidence that normal individuals would develop mental illness from concerns over potential health risks. (A)</p> Signup and view all the answers

Which case exemplified that an individual injured while trying to rescue another may have a claim for damages?

<p>Dooley v Cammell Laird &amp; Co Ltd (B)</p> Signup and view all the answers

Which of the following is NOT a requirement for secondary victims to recover damages?

<p>Witnessing the event themselves or through another individual. (D)</p> Signup and view all the answers

What reasoning did Lord Bingham provide regarding the limitation of recovery for psychiatric harm?

<p>There are no valid reasons to limit recovery to personal injury. (A)</p> Signup and view all the answers

What did the case of McFarlane v EE Caledonia Ltd establish about psychic claims by unrelated bystanders?

<p>Claims from unrelated bystanders are generally not permitted due to subjective variations in reactions. (D)</p> Signup and view all the answers

What was a key outcome of the White v Chief Constable of the South Yorkshire Police case?

<p>Cs could not recover due to lack of exposure to personal danger. (B)</p> Signup and view all the answers

What is the significance of 'proximity' in establishing a duty of care?

<p>It denotes a close relationship between the claimant and defendant. (D)</p> Signup and view all the answers

Which of the following is NOT a requirement for a rescuer to claim damages for psychiatric harm according to the principles established?

<p>The rescuer must have been in the vicinity of the disaster. (A)</p> Signup and view all the answers

In the context of negligence, what does 'foreseeability' require?

<p>A reasonable person to anticipate potential harm. (B)</p> Signup and view all the answers

How is 'proximity' defined in the context of secondary victim claims?

<p>Establishing immediate aftermath experience of the traumatic event. (C)</p> Signup and view all the answers

What legal principle was established in Caparo v Dickman regarding audit reports?

<p>Audit reports must be created for specific audiences to incur liability. (A)</p> Signup and view all the answers

What is one reason the claims from the Alcock case were unsuccessful?

<p>The claims were based on information relayed by third parties. (C)</p> Signup and view all the answers

In what context does the idea of 'incrementalism' arise according to Lord Hoffman?

<p>When extending liability for psychological injuries to employers. (D)</p> Signup and view all the answers

What aspect of secondary victim claims does the case Alcock v Chief Constable of South Yorkshire primarily address?

<p>Limitations on recoverability of psychiatric injuries. (C)</p> Signup and view all the answers

What was a significant finding in Barrett v Enfield LBC regarding the duty of care?

<p>The Court of Appeal allowed the appeal to hear the case. (A)</p> Signup and view all the answers

What factor does the Caparo test introduce beyond foreseeability and proximity?

<p>A fair, just, and reasonable assessment. (B)</p> Signup and view all the answers

Which statement accurately reflects the court's view on the role of rescuers in cases of psychiatric harm?

<p>Rescuers are primary victims if they are in physical danger. (A)</p> Signup and view all the answers

What distinguishes the McLoughlin v O’Brien case from Alcock v Chief Constable of South Yorkshire?

<p>Proximity to the immediate aftermath was established in McLoughlin. (B)</p> Signup and view all the answers

In which scenario would a family member not typically have a claim due to emotional distress?

<p>When the harm was self-inflicted by the family member. (C)</p> Signup and view all the answers

What is the main criticism of the tripartite test regarding duty of care?

<p>It unnecessarily complicates the consideration of 'fair, just and reasonable'. (D)</p> Signup and view all the answers

Why might a claim for shock not succeed if the claimant is deemed hyper-sensitive?

<p>Their reaction is not considered reasonable under law. (A)</p> Signup and view all the answers

What was stated by Lord Bridge regarding the application of duty of care in Caparo v Dickman?

<p>An incremental approach is preferable, rather than a tripartite test. (C)</p> Signup and view all the answers

What was the primary legal issue concerning the brothers in the discussed case?

<p>Whether they could recover for psychiatric harm. (A)</p> Signup and view all the answers

What principle did Lord Wright establish in Bourhill v Young regarding foreseeable harm?

<p>Negligent actions can foreseeably injure anyone nearby. (D)</p> Signup and view all the answers

What term describes the requirement that secondary victims must experience the event directly through their senses?

<p>Sight or hearing. (D)</p> Signup and view all the answers

What reasoning did the court use in dismissing claims arising from accidents caused by deliberate self-harm?

<p>D's right of self-determination restricts liability for emotional distress. (A)</p> Signup and view all the answers

In cases where established categories of duty of care exist, what is the stance of the Caparo case?

<p>Established principles should be followed without the Caparo test. (B)</p> Signup and view all the answers

What did the court decide in the case of Darnley v Croydon Health Services NHS Trust?

<p>The reception staff were held liable for providing misleading information. (B)</p> Signup and view all the answers

According to the content, what distinguishes 'primary' from 'secondary' victims?

<p>Primary victims must be directly involved in the incident, while secondary victims witness it. (A)</p> Signup and view all the answers

What can be considered an example of a situation where television broadcast might fulfill the perception requirement?

<p>Watching live coverage of a traumatic event that includes suffering individuals. (B)</p> Signup and view all the answers

What did the court reject in Frost v Chief Constable of South Yorkshire regarding the definition of rescuers?

<p>The concept of rescuers needing separate legal categories. (D)</p> Signup and view all the answers

What conclusion did the House of Lords reach regarding claims for psychiatric illness due to future risk concerns?

<p>They ruled out claims for possible future illness based on past exposures. (B)</p> Signup and view all the answers

What principle did Lord Atkin establish in the case of Donoghue v Stevenson?

<p>A duty of care exists regardless of the relationship between parties. (D)</p> Signup and view all the answers

What is an implication of the duty of care towards rescuers as stated by Lord Steyn?

<p>A duty of care may exist even without a duty of care to the primary victim. (A)</p> Signup and view all the answers

What is a fundamental reason for limiting the scope of liability for negligent acts?

<p>To ensure fairness in claims concerning mental injuries. (B)</p> Signup and view all the answers

What is considered a limitation for public authorities regarding duty of care?

<p>They are not liable for harm caused by omissions, unless exceptions apply. (D)</p> Signup and view all the answers

In terms of compensability, what was emphasized about psychiatric harm in negligence claims?

<p>Psychiatric harm may be compensable if foreseeability is established. (B)</p> Signup and view all the answers

What relationship did Phelps v Hillingdon draw parallels to in establishing duty of care?

<p>Doctor and patient. (B)</p> Signup and view all the answers

Which of the following best describes the implications of the court's decisions on mental harm for relatives?

<p>Relatives may have difficulty claiming compared to rescuers. (B)</p> Signup and view all the answers

According to Lord Toulson in the Michael case, what is the outcome regarding police duty of care to victims of crime?

<p>No duty of care is owed due to the omissions rule. (A)</p> Signup and view all the answers

What standard did the court use to assess the receptionists’ duty in Darnley v Croydon Health Services NHS Trust?

<p>Industry standards for emergency care. (D)</p> Signup and view all the answers

What condition must be met for a duty of care to be established according to the Caparo case?

<p>It must be shown as fair, just, and reasonable to impose a duty. (A)</p> Signup and view all the answers

What does the case of Barrett v Enfield highlight regarding duty of care?

<p>Parental responsibilities can impose a duty of care. (C)</p> Signup and view all the answers

What key element did Lord Mance point out regarding police or CPS liability?

<p>Positive acts can be subject to policy considerations. (B)</p> Signup and view all the answers

Which scenario exemplifies an established duty of care that was affirmed in Darnley v Croydon Health Services NHS Trust?

<p>Giving misleading information regarding medical waiting times. (D)</p> Signup and view all the answers

In the context of duty of care, what does foreseeability refer to?

<p>The likelihood that an action will cause harm. (B)</p> Signup and view all the answers

Which case is noted for establishing the modern tort of negligence and the concept of duty of care?

<p>Donoghue v Stevenson. (D)</p> Signup and view all the answers

What was the outcome of the initial judgment in the case involving the head injury and the A&E visit?

<p>The claim was dismissed due to lack of causation. (A)</p> Signup and view all the answers

What was the ruling regarding the claim for the costs of raising a normal, healthy child in the case of MacFarlane v Tayside Health Board?

<p>The claim was partially accepted for medical expenses but not for raising the child. (D)</p> Signup and view all the answers

What principle did Lord Steyn invoke in the case discussing wrongful birth claims?

<p>Distributive justice (B)</p> Signup and view all the answers

In Parkinson v St James and Seacroft University Hospital, what was the court's decision regarding the doctor's duty of care?

<p>The doctor did not owe a duty of care for the child to be born healthy. (D)</p> Signup and view all the answers

What was a significant factor in the decision of Rees v Darlington Memorial Hospital NHS Trust regarding damages?

<p>Additional costs attributable to the parent's disability. (C)</p> Signup and view all the answers

Which test does a court apply to determine whether a duty of care exists in the case of negligence?

<p>The assumption of responsibility test. (B)</p> Signup and view all the answers

In regard to wrongful birth claims, what was a common outcome as established by several cases?

<p>Claims for the basic maintenance of a normal child are often dismissed. (D)</p> Signup and view all the answers

What did LORD SLYNN state regarding the nature of harm in MacFarlane v Tayside Health Board?

<p>Pain, suffering, and extra medical expenses constitute harm. (C)</p> Signup and view all the answers

Why did the court dismiss the parents' appeal in the case of Parkinson v St James and Seacroft University Hospital?

<p>They found no negligence on the part of the health authority. (B)</p> Signup and view all the answers

What is essential to prove in claims for the costs of raising a child born through wrongful birth?

<p>It is fair, just, and reasonable to impose liability. (D)</p> Signup and view all the answers

What approach did the courts notably reject in wrongful birth cases as highlighted in the context of damages?

<p>Distributive and corrective justice. (A)</p> Signup and view all the answers

What was the outcome of the first instance judgment in the case concerning congenital defects during birth?

<p>The parents received compensation only for special needs costs. (B)</p> Signup and view all the answers

Under what circumstances can a claim for negligence due to wrongful birth succeed according to recent rulings?

<p>If foreseeability of harm was established. (A)</p> Signup and view all the answers

What did the court rule regarding the costs associated with raising a child with disabilities?

<p>Costs attributed to the injuries or disabilities may be claimed. (D)</p> Signup and view all the answers

What is a significant legal test used for determining a duty of care in negligence cases?

<p>The Caparo three-stage test. (D)</p> Signup and view all the answers

Flashcards

Omissions Doctrine

Generally, there's no legal obligation to help someone in danger. You're only expected to avoid causing harm but not obligated to rescue them.

Omissions as Misfeasance

Acts that are part of a series of actions can be considered as misfeasance (causing harm) even if they appear passive. For example, failing to brake at a junction is an act, not an omission.

No Duty to Finish What You Start

Starting something doesn't obligate you to finish it. For example, if you dig a hole, you're not legally obligated to fill it back in.

Duty to Act: Care or Control

When someone is under your care or control and cannot protect themselves, you owe them a duty to act. Examples include schools, hospitals, and police.

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Reeves v Metropolitan Police Commissioner

The police were held liable for failing to prevent a suicide of a sane prisoner in their custody. This case established that a duty exists in certain circumstances.

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Suicidal Person of Full Capacity

A duty to prevent someone of full mental capacity from harming themselves is rare. They have the right to make their own choices, even if they are risky.

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Duty to Act: Benefit from Relationship

A duty to act can be imposed on someone who benefits from a relationship with the claimant.

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Duty to Act: Potential to Benefit from Relationship

A duty to act can be imposed on someone who stands to benefit from a relationship with the claimant, even if they don't currently benefit.

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Primary versus secondary victims

A legal principle that limits the scope of a defendant's (D) liability for psychiatric harm caused by their negligence.

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Primary Victim

A person directly involved in a negligent act or event, who experiences a reasonable fear for their own safety.

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Secondary Victim

A person who is not directly involved in a negligent act, but witnesses or learns about the event and suffers psychiatric harm as a result.

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Page v Smith

The leading case that established the legal framework for primary victims' claims for psychiatric harm.

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Reasonable fear for safety

A primary victim's claim for psychiatric harm must be based on a reasonable fear for their own safety, even if they weren't actually in danger.

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Unreasonable fear for safety

A primary victim's claim for psychiatric harm will be unsuccessful if their fear was unreasonable, such as a hypersensitive person reacting to a commonplace event.

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Alcock v Chief Constable of South Yorkshire

The leading case that set out the criteria for secondary victims to recover damages for psychiatric harm.

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Close ties of love and affection

A secondary victim must have a close relationship with the person who was directly harmed, such as a spouse, parent, child, or close friend.

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Proximity to the event

A secondary victim must have been at or near the scene of the event, or have witnessed the immediate aftermath.

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Perception of the event

A secondary victim must have perceived the event or its immediate aftermath with their own senses, either by sight or sound.

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McLoughlin v O’Brien

The case that established the "immediate aftermath" criteria for secondary victims.

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Unrelated bystanders

The court's decision in McFarlane v EE Caledonia Ltd rejected the idea that an unrelated bystander could claim for psychiatric harm even if the event was unusually horrific.

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Apprehension of future harm

The court ruled that the mere fact that a primary victim might develop an illness in the future is not sufficient to be considered a

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Communication by third party

A secondary victim cannot recover damages for psychiatric harm caused by hearing about the event from a third party, such as through news reports or social media.

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Foreseeability

The legal principle that a person can be held responsible for the reasonably foreseeable consequences of their actions.

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Volenti Non Fit Injuria

The legal principle that a person who voluntarily puts themselves in a dangerous situation cannot claim compensation for injuries sustained.

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Novus Actus Interveniens

A legal term referring to the negligent act or omission that directly causes the harm.

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Policy Considerations

A legal principle that judges may consider policy factors when making decisions about legal issues.

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Rescuer

A legal term for a person who comes to the aid of someone in distress.

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Rescuer's Immunity

A legal principle that a rescuer who is injured while attempting a rescue can claim compensation for their injuries.

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Rescuer's Exposure to Danger

A legal principle that a rescuer must have been in a real or perceived danger to claim compensation for psychiatric harm.

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Post-Traumatic Stress Disorder (PTSD)

A condition that involves persistent and often distressing symptoms associated with a traumatic experience.

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Duty to Rescue

A legal principle that someone who is responsible for creating a dangerous situation is obligated to assist those who are in danger as a result.

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Proximity Principle (Alcock)

A legal principle that limits the scope of liability for psychiatric harm to those who are closely related to the victim and who are present at the scene of the accident.

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Proximate Cause

A legal principle that a defendant will be liable for any psychiatric injury that is proximately caused by their negligence, and that the victim could reasonably be expected to suffer.

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Fear of Physical Harm

A legal principle that a plaintiff may be able to recover compensation for psychiatric injury even if they were not in physical danger themselves, but were subjectively at risk of physical harm.

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Sphere of the Secondary Victim

A legal principle that a defendant can be held liable for psychiatric injury even if the victim is not recognized as a primary or secondary victim, but is considered a 'person in the sphere of the secondary victim'.

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Duty of Care

A legal concept where a person or organization has a responsibility to take reasonable care to avoid causing harm to others.

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Anns Test

The test used to determine whether a duty of care exists. It considers whether there is a sufficiently close relationship between the parties and whether it was foreseeable that harm could be caused by one party's actions.

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Pure Economic Loss

A type of loss that only affects someone's financial position and doesn't involve physical injury or damage to property. For example, the loss of profit due to a defective product.

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Manufacturer's Duty to Consumers

The principle stating that a manufacturer owes a duty of care to the consumers of their products because they create a relationship with them when they sell their products.

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Donoghue v Stevenson

The case that established the legal principle that a food manufacturer owes a duty of care to consumers to avoid causing harm through negligence.

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Murphy v Brentwood DC

The case which overruled Anns, clarifying that pure economic loss from defective property is not recoverable.

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Thin Skull Rule

The idea that a defendant is responsible for all the consequences of their negligence, even if those consequences were more severe than could be reasonably foreseen. This applies specifically to primary victims.

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Causation

The legal principle that a defendant's actions must be a direct and proximate cause of the claimant's injury for them to be held liable for negligence.

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Remoteness

The legal principle that determines whether the type of harm suffered by the claimant was a foreseeable consequence of the defendant's negligence. It is essential for establishing liability.

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Floodgates Argument

A legal doctrine that prevents frivolous or excessive claims by limiting the types of damages a claimant can recover for negligence.

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Duty of Care (DoC)

A legal duty owed by one person to another to take reasonable care to avoid causing them harm.

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Foreseeability of Psychiatric Injury

The legal principle that a defendant's liability for psychiatric injury to a secondary victim is limited to those injuries that were reasonably foreseeable to a person of ordinary fortitude.

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Creation of Danger

The principle that a person who creates a dangerous situation, even without wrongdoing, has a duty to take reasonable steps to prevent harm to others.

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Recognised Psychiatric Illness

A recognised psychiatric illness, such as PTSD, anxiety disorder, or depression, that is caused by a traumatic event.

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Recognised Psychiatric Injury

A recognised psychiatric injury, like PTSD or anxiety disorder, is required for a successful claim of psychiatric harm in negligence.

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Alcock Test

A legal test used to determine if a duty of care exists for psychiatric harm in secondary victims. It involves four key elements: close tie of love and affection, proximity in time and space, means of perception, and sudden appreciation of the horrifying event.

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Zone of Danger

The concept that a person can be a primary victim if they are within the 'zone of danger' even if the harm was not intended for them.

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Proximity in Time and Space

The requirement that a secondary victim must have witnessed the event or its immediate aftermath to claim psychiatric injury.

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Means of Perception

The requirement that a secondary victim must have perceived the event through their own senses, such as sight or hearing, to claim psychiatric injury.

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Control over Claimant and Wrongdoer

A duty of care can arise for a person who has control over both the claimant and the immediate wrongdoer. This is likely when a fellow inmate assaults a prisoner.

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Sudden Appreciation of the Horrifying Event

The requirement that a secondary victim must have experienced a sudden and shocking event to claim psychiatric injury.

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Occupier's Duty to Neighbours

An occupier has a responsibility to take steps to remove hazards from their land that threaten neighbouring property (even if the hazard is a natural occurrence or caused by a third party).

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Eggshell Skull Rule

The legal principle that a defendant must take a plaintiff as they find them, including any pre-existing vulnerabilities or sensitivities.

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Parent Company Liability

The parent company can be liable if it intervenes in the management of its subsidiary, which causes harm to others.

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Police Duty of Supervision

A duty of care may arise for the police when they have a duty of supervision over individuals.

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McLoughlin v O'Brien

A legal case that established the 'immediate aftermath' requirement for secondary victims, meaning they must have witnessed the event or its immediate consequences to claim psychiatric injury.

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Duty for Intentional Wrongdoing

A duty of care can be imposed even for intentional wrongdoing by the immediate wrongdoer, if the defendant had a relationship with both the claimant and the wrongdoer.

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Control over Both Parties

It is particularly likely that a duty of care will be imposed on a defendant who has control over both the claimant and the immediate wrongdoer (like an employer or a prison warden).

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Direct Perception

The requirement for a secondary victim to perceive the event through personal observation, not through media reports or secondhand accounts.

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Primary Victim Favorability

Courts are more likely to find a duty of care for primary victims than for secondary victims. This is because primary victims are directly involved in the event causing harm or within the 'zone of danger'.

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Galli-Atkinson v Seghal

A legal case that illustrated the 'continuation of an interrupted sequence of events' principle, where the immediate aftermath can extend beyond the initial event.

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Rescuer Duty of Care

Courts are more likely to find a duty of care for a rescuer who is directly involved in an event causing harm, even if they were not initially in the 'zone of danger' when the event occurred.

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Paul v Royal Wolverhampton NHS Trust

A legal case that explored the issue of whether a duty of care is owed to relatives of patients who suffer harm due to medical negligence.

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Caparo Test

The test used to determine if a duty of care exists in novel situations, considering if it is fair, just, and reasonable to impose such a duty.

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Established Categories of Duty of Care

Established categories of relationships or situations where a duty of care is automatically presumed to exist, without needing to apply the Caparo test.

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Novel Situations (Duty of Care)

Situations in which a court needs to determine if a duty of care exists in a new situation not previously considered.

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Omissions Rule

The principle that a legal duty to act generally does not arise from inaction, but from positive conduct causing harm.

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Closest Analogies

The legal principle that when a new situation arises, the court will consider the closest existing cases to promote consistency and fairness.

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Public Policy Considerations (DoC)

Legal considerations that can influence the court's decision on whether to impose a duty of care, taking into account social or economic factors.

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Public Authorities and Duty of Care

The legal principle that public authorities are typically not liable for omissions, but their actions can create a duty of care, similar to other individuals or organizations.

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Duty of Care: Accurate Medical Information

The legal principle that a duty of care is owed by healthcare providers, including both medical professionals and administrative staff, to provide accurate information that may affect a patient's health.

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Duty of Care: Patient-Provider Relationship

The legal principle that a duty of care exists between a healthcare provider and a patient from the moment the patient is admitted into the facility.

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Duty of Care for Emergency Medical Services

The legal principle that individuals who provide and operate emergency medical services have a duty of care to take reasonable steps not to cause physical harm to patients.

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Actionable Harm

A factual situation where a person's actions cause harm to another, leading to potential legal liability.

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Assumption of Responsibility

A legal situation where an individual or entity takes on a responsibility to care for another, even though there was no initial obligation to do so.

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Standard of Care

A legal principle that requires individuals to act with the level of care and competence expected of a reasonable person performing a similar task.

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Involuntary Participant in an Event

Occurs when someone is placed in a position where they believe they are causing harm to another due to the negligence of a third party.

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Incremental Approach

The incremental approach to duty of care focuses on applying existing legal principles from similar cases to new scenarios, rather than relying on a single general test.

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Damage

Refers to the injury or damage suffered as a result of a breach of duty of care and causation.

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Duty of Care: Rescue

This refers to the situation where a plaintiff, who would normally be considered a secondary victim, is injured by the defendant's negligent act because they were trying to rescue someone else.

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Duty of Care: Secondary Victims

This refers to the situation where a plaintiff suffers psychological harm due to witnessing the defendant's negligent action causing injury to another person.

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Alcock Criteria

A set of criteria established in the Alcock case that determines whether a secondary victim can claim damages for psychiatric harm.

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Duty of Care: Self-Inflicted Harm

The principle that a person generally cannot be held liable for causing emotional distress to others through their own self-inflicted harm.

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Dooley v Cammell Laird & Co Ltd

The case of Dooley v Cammell Laird & Co Ltd established that if someone is made to feel they caused harm due to their employer's negligence, they may not be subject to Alcock restrictions.

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Robinson v Chief Constable of West Yorkshire

This case reinforces the incremental approach to determining duty of care, suggesting that Caparo test should be implemented for specific cases.

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Robinson v Chief Constable of West Yorkshire

This case established that public authorities, like the police, do not receive special immunity from negligence liability.

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Robinson v Chief Constable of West Yorkshire

This case emphasizes that public authorities can be liable for negligence, even when fulfilling their duties, if they fail to take reasonable care.

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Room for Differences of Opinion

This principle means a court should not interfere with reasonable decisions made by local authorities, even if not perfect, when caring for children.

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Negligent Conduct Beyond Mere Error

The court must be certain that the wrongdoing went beyond a simple mistake and was so bad it can be considered negligent.

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Fair, Just, and Reasonable Test

When a claim is about financial loss that wasn't directly caused by physical harm, a court will decide whether it's fair to hold the defendant responsible, based on fairness.

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Harm from Childbirth

The physical pain and suffering, extra medical costs, and lost wages caused by pregnancy and childbirth are considered harm.

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No Liability for Child Costs

A health authority is usually not responsible for the costs of raising a healthy child, even if there was a medical error leading to pregnancy.

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Distributive Justice

A court might decide that the burden of a financial loss should be shared or placed differently, based on fairness and justice.

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Corrective Justice

A court might decide that the wrongdoer should be held responsible for the damages they directly caused, based on their actions.

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No Wrongful Birth for Healthy Child

Parents cannot sue for the expenses of raising a healthy child, even if the child's birth was due to a medical error.

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Wrongful Birth for Disabled Child

Parents can claim compensation for the additional costs linked to raising a child with disabilities caused by a doctor's negligence.

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Duty of Care for Disability Prevention

A doctor's negligence can be seen as assuming a responsibility for the patient's reproductive choices, including preventing a disability.

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Principles of Distributive Justice

The court might consider a more just outcome overall, even if it means not using traditional legal approaches.

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Conventional Award

While parents might not be compensated for raising a healthy child, they may receive a symbolic amount to recognize the difficulties they face.

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Additional Costs for Disabled Parent

The court can award damages for the extra costs related to the disabled parent's needs in raising a child, even if not for raising the child itself.

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Study Notes

Omissions

  • General principle: No duty to act for the benefit of others. Duty is to avoid harming others (misfeasance), not to rescue them (nonfeasance).
  • Applies to public and private entities (e.g., Glaister v Appleby-in-Westmorland Town Council).
  • Rationale (Stovin v Wise): Less freedom-infringing to require considering others' safety in actions, rather than a wider rescue/protection duty.
  • Multiple potential rescuers: Liability unclear.
  • Significance in practice limited because omissions can be reclassified as misfeasance, and exceptions exist.

Cases where there's no true omission

  • Omissions in a wider activity can be treated as actions.
  • Example: Failure to brake at a junction is an action; not a mere omission.
  • Starting an action does not create a duty to complete it (Stovin v Wise).

Relationships and Duty of Care

  • Duty to act may exist if there's a relationship where one party is under the care or control of another (incapacitated)
  • Example: Schools/police/hospitals safeguarding individuals in their care (Reeves v Metropolitan Police Commissioner).
  • Parents/employers: Duty to prevent harm for their dependents/employees is more prevalent.
  • Occupiers: Duty to make premises safe for visitors; duty can extend to trespassers (repairing hazard).
  • Relationship between D and wrongdoer: Liability may exist (e.g., school letting child out causing accident; parent company preventing subsidiary harm).
  • Extent of parent company intervention crucial.
  • Duty to prevent willful wrongdoing if relationship exists (Home Office v Dorset Yacht Co Ltd, Ellis v Home Office).
  • Occupier duty to neighbour for their property

Dangerous Situations Created by D

  • Duty to mitigate danger created (e.g., car breakdown on highway; unstable officer with gun).
  • Sensible limits: Liability should be tied to the immediate cause of harm to C (W&J).

Psychiatric Injury

  • Claim for psychiatric injury requires a recognized illness

Primary vs. Secondary Victims

  • Primary victims: Involved (or potentially involved) in the negligent action (in the "zone of danger").
  • Secondary victims: Passive witnesses to harm caused to someone else.
  • Difficulty in applying distinction, particularly with large scale events.
  • Primary victims can recover even if their psychiatric injury is triggered by seeing others injured. (Exception: Rescuers may be secondary not primary victims).

Primary Victims

  • Treated more favorably than secondary victims. Recoverability rule is found in Page v Smith.
  • Shock from reasonably feared danger is compensable.
  • No recovery for unreasonable fear (e.g., hypersensitivity).
  • Asymptomatic conditions don't automatically qualify for recovery from fright.

Secondary Victims

  • Leading case: Alcock v Chief Constable of South Yorkshire.
  • Criteria:
    • Close ties of love and affection.
    • Proximity to the event/immediate aftermath.
    • Perception of the event with own senses.
  • Rescuers are secondary victims. Involuntary participants may be in the zone of danger.
    • Shock from witnessing another's harm should be direct and not from third-party communication.

Participants other than mere bystanders (Rescuers and others)

  • Rescuers considered as secondary victims.
  • Involuntary participants in the harm might be treated under different criteria (e.g., by the employer).

C shocked by D endangering self

  • No duty for D to prevent shock to others by self-inflicted harm (Greatorex v Greatorex).
  • Exception: If D's actions cause physical harm to a rescuer this does establish a DoC

Duty of Care: General

  • Caparo v Dickman: Established the tripartite test (foreseeability, proximity, fairness, just and reasonable).
  • Robinson v Chief Constable of West Yorkshire: Ordinary negligence principles, including omissions, apply to public authorities.

Darnley v Croydon Health Services NHS Trust: DoC to provide accurate waiting time information due to the nature of the service.

Historical significance Cases: Donoghue v Stevenson, Anns v Merton, Murphy v Brentwood, Hedley Byrne.

Wrongful Birth/Wrongful Life

  • MacFarlane v Tayside Health Board: Cost of raising a normal child isn't recoverable, but pain and inconvenience of pregnancy is.
  • Parkinson v St James and Seacroft University Hospital: Costs of raising a child with a disability are recoverable if foreseeable.
  • Rees v Darlington Memorial Hospital NHS Trust: Compensates for infringing reproductive autonomy in cases of negligence in sterilization

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Explore the crucial concepts surrounding omissions in law, including the duty to act and the distinctions between misfeasance and nonfeasance. Understand case law implications and relationships that establish a duty of care. This quiz tests your knowledge of legal principles related to omissions and responsibilities.

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