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?

A bystander observing a fight without intervening. Signup and view all the answers

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

When a driver fails to brake at a junction. Signup and view all the answers

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

Guardians of individuals unable to protect themselves. Signup and view all the answers

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

The existence of a duty of care. Signup and view all the answers

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

Prior involvement in a related activity. Signup and view all the answers

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

Take reasonable care to keep premises safe for the purposes for which visitors enter. Signup and view all the answers

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

D may have a duty to take reasonable care to prevent harm. Signup and view all the answers

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

Take steps to safeguard others against the danger they created. Signup and view all the answers

How does tort law typically determine liability regarding third parties?

By focusing on immediate wrongdoers unless in exceptional circumstances. Signup and view all the answers

What distinguishes primary victims from secondary victims?

Secondary victims can witness injuries to others but do not suffer directly. Signup and view all the answers

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

By being in the foreseeable 'zone of danger' during an incident. Signup and view all the answers

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

They were not liable due to lack of control over the premises. Signup and view all the answers

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

The claimant must suffer a recognized psychiatric injury. Signup and view all the answers

How are rescuers treated under duty of care principles?

They are treated more generously than ordinary secondary victims. Signup and view all the answers

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

The extent of the parent company’s intervention in management. Signup and view all the answers

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

Whether the claimant was foreseeable within the zone of danger. Signup and view all the answers

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

Duty may be imposed when there is control over individuals posing risks. Signup and view all the answers

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

It strictly acknowledges only immediate wrongdoers as liable. Signup and view all the answers

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

The psychiatric injury must be foreseeable in a person of ordinary fortitude. 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?

McLoughlin v O’Brien Signup and view all the answers

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

Foreseeability, close tie of love and affection, means of perception. 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?

The presence at the event must be through visual or auditory means. Signup and view all the answers

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

Whether witnessing property destruction could cause secondary trauma. Signup and view all the answers

Which of the following statements about secondary victims is correct?

Secondary victims can claim for injuries caused by negligent actions of others. Signup and view all the answers

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

Walters v North Glamorgan NHS Trust 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?

The concept that property damages do not equate to personal injury. Signup and view all the answers

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

The defendant is liable for injuries as they find the victim. Signup and view all the answers

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

Any disease and impairment of physical or mental condition. 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?

The defendant’s liability extends to foreseeable psychiatric injury for secondary victims. 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?

The plaintiff witnessed the event via digital media. Signup and view all the answers

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

The safety of the product for consumers 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?

The emotional distress of the primary victim. 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?

The emotional distress must arise from witnessing physical injury of a close individual. 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?

Is the relationship one of proximity or neighborhood? Signup and view all the answers

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

Pure economic loss from defective property Signup and view all the answers

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

If physical injury was foreseeable Signup and view all the answers

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

Duty of care can never arise in economic loss Signup and view all the answers

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

Primary victims can claim for psychiatric injuries without prior physical harm. Signup and view all the answers

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

They may owe a duty of care to occupants of buildings. Signup and view all the answers

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

It incorrectly classified economic loss as physical damage. Signup and view all the answers

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

It allows claims regardless of physical injuries sustained. Signup and view all the answers

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

Duty of care can arise without a close personal relationship. Signup and view all the answers

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

A concern that wide liability leads to excessive claims. Signup and view all the answers

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

Psychiatric injury as a result of negligent acts Signup and view all the answers

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

Individuals who directly experience harm Signup and view all the answers

Which legal concept differentiates primary victims from secondary victims?

The foreseeability of harm they experience 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?

If the employer's negligence causes the employee to believe they caused the injury. Signup and view all the answers

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

D did not owe a duty of care to others regarding self-inflicted harm. Signup and view all the answers

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

The foreseeability, proximity, and fairness of imposing a duty. Signup and view all the answers

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

Primary victims can recover damages for shock due to a reasonable fear for their own safety. Signup and view all the answers

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

Ordinary principles of negligence apply to public authorities. Signup and view all the answers

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

Pure economic loss must be limited to cases with specific purposes. Signup and view all the answers

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

C was awarded damages for miscarriage caused by shock from an immediate threat. Signup and view all the answers

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

Negligent acts can sometimes exempt the secondary victims from traditional restrictions. Signup and view all the answers

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

It was reasonably foreseeable that rescuers might suffer personal injury. Signup and view all the answers

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

There was no strong evidence that normal individuals would develop mental illness from concerns over potential health risks. Signup and view all the answers

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

Dooley v Cammell Laird & Co Ltd Signup and view all the answers

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

Witnessing the event themselves or through another individual. Signup and view all the answers

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

There are no valid reasons to limit recovery to personal injury. Signup and view all the answers

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

Claims from unrelated bystanders are generally not permitted due to subjective variations in reactions. Signup and view all the answers

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

Cs could not recover due to lack of exposure to personal danger. Signup and view all the answers

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

It denotes a close relationship between the claimant and defendant. 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?

The rescuer must have been in the vicinity of the disaster. Signup and view all the answers

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

A reasonable person to anticipate potential harm. Signup and view all the answers

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

Establishing immediate aftermath experience of the traumatic event. Signup and view all the answers

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

Audit reports must be created for specific audiences to incur liability. Signup and view all the answers

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

The claims were based on information relayed by third parties. Signup and view all the answers

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

When extending liability for psychological injuries to employers. Signup and view all the answers

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

Limitations on recoverability of psychiatric injuries. Signup and view all the answers

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

The Court of Appeal allowed the appeal to hear the case. Signup and view all the answers

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

A fair, just, and reasonable assessment. Signup and view all the answers

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

Rescuers are primary victims if they are in physical danger. Signup and view all the answers

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

Proximity to the immediate aftermath was established in McLoughlin. Signup and view all the answers

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

When the harm was self-inflicted by the family member. Signup and view all the answers

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

It unnecessarily complicates the consideration of 'fair, just and reasonable'. Signup and view all the answers

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

Their reaction is not considered reasonable under law. Signup and view all the answers

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

An incremental approach is preferable, rather than a tripartite test. Signup and view all the answers

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

Whether they could recover for psychiatric harm. Signup and view all the answers

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

Negligent actions can foreseeably injure anyone nearby. Signup and view all the answers

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

Sight or hearing. Signup and view all the answers

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

D's right of self-determination restricts liability for emotional distress. Signup and view all the answers

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

Established principles should be followed without the Caparo test. Signup and view all the answers

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

The reception staff were held liable for providing misleading information. Signup and view all the answers

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

Primary victims must be directly involved in the incident, while secondary victims witness it. Signup and view all the answers

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

Watching live coverage of a traumatic event that includes suffering individuals. Signup and view all the answers

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

The concept of rescuers needing separate legal categories. Signup and view all the answers

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

They ruled out claims for possible future illness based on past exposures. Signup and view all the answers

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

A duty of care exists regardless of the relationship between parties. Signup and view all the answers

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

A duty of care may exist even without a duty of care to the primary victim. Signup and view all the answers

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

To ensure fairness in claims concerning mental injuries. Signup and view all the answers

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

They are not liable for harm caused by omissions, unless exceptions apply. Signup and view all the answers

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

Psychiatric harm may be compensable if foreseeability is established. Signup and view all the answers

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

Doctor and patient. Signup and view all the answers

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

Relatives may have difficulty claiming compared to rescuers. 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?

No duty of care is owed due to the omissions rule. 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?

Industry standards for emergency care. Signup and view all the answers

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

It must be shown as fair, just, and reasonable to impose a duty. Signup and view all the answers

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

Parental responsibilities can impose a duty of care. Signup and view all the answers

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

Positive acts can be subject to policy considerations. 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?

Giving misleading information regarding medical waiting times. Signup and view all the answers

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

The likelihood that an action will cause harm. Signup and view all the answers

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

Donoghue v Stevenson. 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?

The claim was dismissed due to lack of causation. 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?

The claim was partially accepted for medical expenses but not for raising the child. Signup and view all the answers

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

Distributive justice 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?

The doctor did not owe a duty of care for the child to be born healthy. Signup and view all the answers

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

Additional costs attributable to the parent's disability. 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?

The assumption of responsibility test. Signup and view all the answers

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

Claims for the basic maintenance of a normal child are often dismissed. Signup and view all the answers

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

Pain, suffering, and extra medical expenses constitute harm. 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?

They found no negligence on the part of the health authority. Signup and view all the answers

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

It is fair, just, and reasonable to impose liability. Signup and view all the answers

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

Distributive and corrective justice. Signup and view all the answers

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

The parents received compensation only for special needs costs. Signup and view all the answers

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

If foreseeability of harm was established. Signup and view all the answers

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

Costs attributed to the injuries or disabilities may be claimed. Signup and view all the answers

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

The Caparo three-stage test. Signup and view all the answers

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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Description

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.