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What is a defining feature of pure psychiatric harm?
What is a defining feature of pure psychiatric harm?
Psychiatric harm can include conditions like anxiety and PTSD.
Psychiatric harm can include conditions like anxiety and PTSD.
True
What must a claimant demonstrate to receive compensation for pure psychiatric harm?
What must a claimant demonstrate to receive compensation for pure psychiatric harm?
A medically recognized psychiatric illness or a shock-induced physical condition.
A claimant can recover for _____________ if they have experienced pure psychiatric harm.
A claimant can recover for _____________ if they have experienced pure psychiatric harm.
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Which of the following is NOT an example of pure psychiatric harm?
Which of the following is NOT an example of pure psychiatric harm?
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Match the type of psychiatric harm with its example:
Match the type of psychiatric harm with its example:
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All forms of psychiatric harm are eligible for compensation.
All forms of psychiatric harm are eligible for compensation.
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What are two specific limits on receiving compensation for pure psychiatric harm?
What are two specific limits on receiving compensation for pure psychiatric harm?
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In which situation can damages generally be recovered for pure psychiatric harm?
In which situation can damages generally be recovered for pure psychiatric harm?
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A claimant can receive compensation for pure psychiatric harm caused by the defendant's negligence even if they are not closely affected.
A claimant can receive compensation for pure psychiatric harm caused by the defendant's negligence even if they are not closely affected.
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What defines pure psychiatric harm?
What defines pure psychiatric harm?
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The harm suffered by a claimant who experienced nightmares after a physical injury is classified as __________ psychiatric harm.
The harm suffered by a claimant who experienced nightmares after a physical injury is classified as __________ psychiatric harm.
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What is required for a defendant to owe a duty of care in cases of pure psychiatric harm?
What is required for a defendant to owe a duty of care in cases of pure psychiatric harm?
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Consequential psychiatric harm can be compensated if linked to a physical injury.
Consequential psychiatric harm can be compensated if linked to a physical injury.
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A defendant generally owes a duty of care to prevent pure psychiatric harm to any claimant.
A defendant generally owes a duty of care to prevent pure psychiatric harm to any claimant.
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The general rule states that a defendant does not owe a duty of care for __________ psychiatric harm.
The general rule states that a defendant does not owe a duty of care for __________ psychiatric harm.
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Why is liability for pure psychiatric harm limited in legal contexts?
Why is liability for pure psychiatric harm limited in legal contexts?
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Match the following terms with their definitions:
Match the following terms with their definitions:
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In cases of pure psychiatric harm, defendants may be held liable if there is a __________ relationship.
In cases of pure psychiatric harm, defendants may be held liable if there is a __________ relationship.
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Match the situations with their corresponding characteristics:
Match the situations with their corresponding characteristics:
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Which of the following statements is TRUE about pure psychiatric harm?
Which of the following statements is TRUE about pure psychiatric harm?
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The law regarding pure psychiatric harm is the same as that of pure economic loss.
The law regarding pure psychiatric harm is the same as that of pure economic loss.
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Give an example of a situation illustrating pure psychiatric harm.
Give an example of a situation illustrating pure psychiatric harm.
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In which of the following situations can damages be recovered for pure psychiatric harm?
In which of the following situations can damages be recovered for pure psychiatric harm?
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Pure psychiatric harm only includes conditions that are not linked to any physical injury.
Pure psychiatric harm only includes conditions that are not linked to any physical injury.
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What is the primary reason a defendant does not owe a duty of care for pure psychiatric harm?
What is the primary reason a defendant does not owe a duty of care for pure psychiatric harm?
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A claimant who suffers from nightmares after breaking a leg due to an accident experiences __________ psychiatric harm.
A claimant who suffers from nightmares after breaking a leg due to an accident experiences __________ psychiatric harm.
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Match the type of psychiatric harm with its characteristics:
Match the type of psychiatric harm with its characteristics:
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Which type of psychiatric harm is defined as occurring without any physical impact or injury to the claimant?
Which type of psychiatric harm is defined as occurring without any physical impact or injury to the claimant?
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Pure psychiatric harm can only be compensated if it results from physical injury.
Pure psychiatric harm can only be compensated if it results from physical injury.
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Consequential psychiatric harm can be compensated regardless of the physical injury.
Consequential psychiatric harm can be compensated regardless of the physical injury.
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Name one medically recognized psychiatric illness that could be classified as pure psychiatric harm.
Name one medically recognized psychiatric illness that could be classified as pure psychiatric harm.
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Why is the recovery for pure psychiatric harm limited in legal contexts?
Why is the recovery for pure psychiatric harm limited in legal contexts?
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A claimant may receive compensation for pure psychiatric harm if they suffer from a __________ recognized psychiatric illness.
A claimant may receive compensation for pure psychiatric harm if they suffer from a __________ recognized psychiatric illness.
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Match the examples of conditions with their classification regarding pure psychiatric harm:
Match the examples of conditions with their classification regarding pure psychiatric harm:
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What limitation is placed on the types of pure psychiatric harm for which a duty of care can be owed?
What limitation is placed on the types of pure psychiatric harm for which a duty of care can be owed?
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Gradual development of depression from caring for an injured individual can qualify as pure psychiatric harm.
Gradual development of depression from caring for an injured individual can qualify as pure psychiatric harm.
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What type of physical condition can be considered under pure psychiatric harm if it is shock-induced?
What type of physical condition can be considered under pure psychiatric harm if it is shock-induced?
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Which of the following statements is true regarding a defendant’s duty of care for pure psychiatric harm?
Which of the following statements is true regarding a defendant’s duty of care for pure psychiatric harm?
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A claimant can receive compensation for pure psychiatric harm even if they did not suffer any physical injury.
A claimant can receive compensation for pure psychiatric harm even if they did not suffer any physical injury.
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What is typically lacking between a claimant suffering pure psychiatric harm and the defendant?
What is typically lacking between a claimant suffering pure psychiatric harm and the defendant?
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In cases of pure psychiatric harm, liability can be considered boundless if there are an ________ number of claimants.
In cases of pure psychiatric harm, liability can be considered boundless if there are an ________ number of claimants.
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Match the scenario with its type of harm.
Match the scenario with its type of harm.
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Which of the following is a reason for limiting the duty of care in pure psychiatric harm cases?
Which of the following is a reason for limiting the duty of care in pure psychiatric harm cases?
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All individuals affected by a traumatic event are eligible to claim for pure psychiatric harm.
All individuals affected by a traumatic event are eligible to claim for pure psychiatric harm.
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What type of relationship is crucial for establishing a duty of care in pure psychiatric harm cases?
What type of relationship is crucial for establishing a duty of care in pure psychiatric harm cases?
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What must claimants do to support their claims regarding pure psychiatric harm?
What must claimants do to support their claims regarding pure psychiatric harm?
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Pure economic harm claims can arise even when there is no physical injury involved.
Pure economic harm claims can arise even when there is no physical injury involved.
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Name one factor that is critical in determining the validity of economic harm claims.
Name one factor that is critical in determining the validity of economic harm claims.
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The potential for __________ liability is a major concern in pure economic loss cases.
The potential for __________ liability is a major concern in pure economic loss cases.
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Match the following concepts with their definitions:
Match the following concepts with their definitions:
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What often limits recovery for pure economic harm?
What often limits recovery for pure economic harm?
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Public policy considerations can influence whether a claim for pure economic loss is allowed.
Public policy considerations can influence whether a claim for pure economic loss is allowed.
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A claim for pure economic loss necessitates showing that the defendant acted with __________ in their conduct.
A claim for pure economic loss necessitates showing that the defendant acted with __________ in their conduct.
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Which of the following must a claimant demonstrate to pursue a claim for pure psychiatric harm?
Which of the following must a claimant demonstrate to pursue a claim for pure psychiatric harm?
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A primary victim can claim compensation for pure psychiatric harm without proving foreseeability.
A primary victim can claim compensation for pure psychiatric harm without proving foreseeability.
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What is the term used to describe a person who suffers psychiatric harm by witnessing someone else's injury?
What is the term used to describe a person who suffers psychiatric harm by witnessing someone else's injury?
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The relationship between the claimant and the victim of harm must be ______________ to claim for psychiatric harm.
The relationship between the claimant and the victim of harm must be ______________ to claim for psychiatric harm.
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Match the following terms with their definitions regarding psychiatric harm:
Match the following terms with their definitions regarding psychiatric harm:
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Which of the following is true about 'sudden appreciation' in pure psychiatric harm cases?
Which of the following is true about 'sudden appreciation' in pure psychiatric harm cases?
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Proving a direct causal link between negligence and psychiatric injury is often straightforward.
Proving a direct causal link between negligence and psychiatric injury is often straightforward.
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Name one condition that can be classified as a recognized psychiatric illness in pure psychiatric harm claims.
Name one condition that can be classified as a recognized psychiatric illness in pure psychiatric harm claims.
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Study Notes
Negligence: Economic Loss and Psychiatric Harm
- Negligence is a tort where a defendant has a duty of care, breaches that duty and causes damage to a claimant
- Economic loss and psychiatric harm are types of damage in negligence
- Pure economic loss occurs when financial loss is suffered without physical injury or damage to property.
- Consequential Economic loss occurs when financial loss follows on from physical injury or property damage.
- In general, there is no duty of care to prevent pure economic loss.
- There are exceptions in limited situations with close relationships and assumed duties of care.
- Pure psychiatric harm is a psychological injury, not accompanied by physical impact or injury.
- Consequential psychiatric harm follows physical impact, not seen as separate
- In general, there is no duty of care for pure psychiatric harm to a claimant.
- There are exceptions in cases like primary victims (those in danger) or secondary victims (relatives witnessing events).
- Secondary victims must fulfil the requirements of the Alcock test for a duty of care to be owed, including proximity of the relationship, time and space, and perception.
- Rescuers can be either primary or secondary victims depending on if they were in danger
- 'Egg shell' skull rule - a defendant must take their victim as they find them, meaning the extent of damages they pay may be greater if a claimant is abnormally vulnerable.
- The special relationship in negligence cases for pure economic loss may involve an assumption of responsibility alongside reliance by the claimant.
- A claimant must prove all elements of negligence to establish a case e.g., duty of care, breach of duty and causation of damage.
- Defences, e.g. exclusion of liability, may apply in cases of negligence.
- Exclusion clauses/disclaimers are subject to the Unfair Contract Terms Act 1977 and Consumer Rights Act 2015 which can restrict the ability of a defendant to exclude liability.
- A disclaimer must be brought to the claimant’s attention reasonably before the tort is committed, and its wording must cover the loss suffered.
- The requirement to prove a close relationship of love and affection can be rebutted
- The House of Lords in Alcock set out the current test to determine whether a duty of care is owed to a secondary victim e.g. proximity in time and space (being present at the accident or its aftermath), proximity of relationship (close familial relationship), proximity of perception (seeing/hearing the event).
- A primary victim is someone who's in the area of danger or reasonably believed to be (foreseeability of physical risk).
- In Page the claimant was a primary victim as she was present and the physical risk of danger was foreseeable although it did not occur
- A secondary victim is someone who witnesses the injury to another.
- Rescuers can either be primary or secondary. Primary if in danger, secondary if not.
- The claimant must suffer a medically recognised psychiatric illness or a shock-induced physical condition.
- There is no duty of care to a secondary victim if the harm is not foreseeable to a person of normal fortitude.
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Description
This quiz explores the concepts of negligence, focusing on economic loss and psychiatric harm. It examines the distinctions between pure and consequential economic loss, as well as the definitions of pure and consequential psychiatric harm. Understand the legal principles and exceptions that apply to these forms of damages under negligence law.
