Negligence: Economic Loss and Psychiatric Harm
62 Questions
1 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is a defining feature of pure psychiatric harm?

  • It is generally not compensable.
  • It can result only from a medical condition.
  • It is always accompanied by a physical injury.
  • It occurs without any physical impact or injury. (correct)

    • Psychiatric harm can include conditions like anxiety and PTSD.

    True (A)

    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.

    <p>medically recognized psychiatric illness</p> Signup and view all the answers

    Which of the following is NOT an example of pure psychiatric harm?

    <p>Psychological distress caused by a broken bone (C)</p> Signup and view all the answers

    Match the type of psychiatric harm with its example:

    <p>PTSD = Trauma from an accident Anxiety = Worry about daily life Depression = Caring for an injured relative Shock-induced condition = Heart attack from sudden distress</p> Signup and view all the answers

    All forms of psychiatric harm are eligible for compensation.

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

    What are two specific limits on receiving compensation for pure psychiatric harm?

    <p>Injury must be a medically recognized psychiatric illness or a shock-induced physical condition.</p> Signup and view all the answers

    In which situation can damages generally be recovered for pure psychiatric harm?

    <p>If the claimant has been closely affected by the defendant's negligence. (A)</p> Signup and view all the answers

    A claimant can receive compensation for pure psychiatric harm caused by the defendant's negligence even if they are not closely affected.

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

    What defines pure psychiatric harm?

    <p>Pure psychiatric harm is defined as psychological injury that occurs without accompanying physical harm.</p> Signup and view all the answers

    The harm suffered by a claimant who experienced nightmares after a physical injury is classified as __________ psychiatric harm.

    <p>consequential</p> Signup and view all the answers

    What is required for a defendant to owe a duty of care in cases of pure psychiatric harm?

    <p>Sufficiently proximate relationship (D)</p> Signup and view all the answers

    Consequential psychiatric harm can be compensated if linked to a physical injury.

    <p>True (A)</p> Signup and view all the answers

    A defendant generally owes a duty of care to prevent pure psychiatric harm to any claimant.

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

    The general rule states that a defendant does not owe a duty of care for __________ psychiatric harm.

    <p>pure</p> Signup and view all the answers

    Why is liability for pure psychiatric harm limited in legal contexts?

    <p>To avoid boundless liability to an indeterminate number of claimants.</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Pure Psychiatric Harm = Psychological injury without physical harm Consequential Psychiatric Harm = Psychological effects following a physical injury Duty of Care = Legal obligation to avoid causing harm to others Negligence = Failure to take proper care in doing something</p> Signup and view all the answers

    In cases of pure psychiatric harm, defendants may be held liable if there is a __________ relationship.

    <p>proximate</p> Signup and view all the answers

    Match the situations with their corresponding characteristics:

    <p>Witnesses of a train crash = Suffered psychiatric harm without physical injury Motorist causing injury = Close relationship with the injured person Claimants in psychiatric harm = Lack of physical contact with defendants Defendant in a train crash = Potential for unlimited liability</p> Signup and view all the answers

    Which of the following statements is TRUE about pure psychiatric harm?

    <p>Claimants often lack a sufficiently close relationship with defendants. (D)</p> Signup and view all the answers

    The law regarding pure psychiatric harm is the same as that of pure economic loss.

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

    Give an example of a situation illustrating pure psychiatric harm.

    <p>Bystanders witnessing a train crash experiencing shock and psychiatric illness.</p> Signup and view all the answers

    In which of the following situations can damages be recovered for pure psychiatric harm?

    <p>If the claimant was closely affected by the defendant's negligence (B)</p> Signup and view all the answers

    Pure psychiatric harm only includes conditions that are not linked to any physical injury.

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

    What is the primary reason a defendant does not owe a duty of care for pure psychiatric harm?

    <p>Because pure psychiatric harm is generally not recoverable unless the claimant is closely affected.</p> Signup and view all the answers

    A claimant who suffers from nightmares after breaking a leg due to an accident experiences __________ psychiatric harm.

    <p>consequential</p> Signup and view all the answers

    Match the type of psychiatric harm with its characteristics:

    <p>Pure psychiatric harm = Harm that arises independently and is not related to any physical injury Consequential psychiatric harm = Harm that follows from physical injury Duty of care = Legal obligation to prevent foreseeable harm Negligence = Failure to take proper care in doing something</p> Signup and view all the answers

    Which type of psychiatric harm is defined as occurring without any physical impact or injury to the claimant?

    <p>Pure psychiatric harm (A)</p> Signup and view all the answers

    Pure psychiatric harm can only be compensated if it results from physical injury.

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

    Consequential psychiatric harm can be compensated regardless of the physical injury.

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

    Name one medically recognized psychiatric illness that could be classified as pure psychiatric harm.

    <p>Post-traumatic stress disorder (PTSD)</p> Signup and view all the answers

    Why is the recovery for pure psychiatric harm limited in legal contexts?

    <p>It is limited because courts define strict criteria on being closely affected by negligence.</p> Signup and view all the answers

    A claimant may receive compensation for pure psychiatric harm if they suffer from a __________ recognized psychiatric illness.

    <p>medically</p> Signup and view all the answers

    Match the examples of conditions with their classification regarding pure psychiatric harm:

    <p>Post-traumatic stress disorder = Medically recognized psychiatric illness Heart attack = Shock-induced physical condition Anxiety = Lesser condition Depression from caregiving = Gradually developing condition</p> Signup and view all the answers

    What limitation is placed on the types of pure psychiatric harm for which a duty of care can be owed?

    <p>Medically recognized psychiatric illnesses or shock-induced conditions (B)</p> Signup and view all the answers

    Gradual development of depression from caring for an injured individual can qualify as pure psychiatric harm.

    <p>True (A)</p> Signup and view all the answers

    What type of physical condition can be considered under pure psychiatric harm if it is shock-induced?

    <p>Miscarriage</p> Signup and view all the answers

    Which of the following statements is true regarding a defendant’s duty of care for pure psychiatric harm?

    <p>A defendant owes a duty of care only if there is a close relationship with the claimant. (D)</p> Signup and view all the answers

    A claimant can receive compensation for pure psychiatric harm even if they did not suffer any physical injury.

    <p>True (A)</p> Signup and view all the answers

    What is typically lacking between a claimant suffering pure psychiatric harm and the defendant?

    <p>sufficiently proximate relationship</p> Signup and view all the answers

    In cases of pure psychiatric harm, liability can be considered boundless if there are an ________ number of claimants.

    <p>indeterminate</p> Signup and view all the answers

    Match the scenario with its type of harm.

    <p>Train crash witnesses experiencing shock = Pure psychiatric harm A pedestrian injured by a reckless driver = Personal injury Bystanders affected by a natural disaster = Psychiatric harm A worker injured on the job = Personal injury or economical loss</p> Signup and view all the answers

    Which of the following is a reason for limiting the duty of care in pure psychiatric harm cases?

    <p>Defendants could otherwise be liable to countless individuals. (D)</p> Signup and view all the answers

    All individuals affected by a traumatic event are eligible to claim for pure psychiatric harm.

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

    What type of relationship is crucial for establishing a duty of care in pure psychiatric harm cases?

    <p>proximate relationship</p> Signup and view all the answers

    What must claimants do to support their claims regarding pure psychiatric harm?

    <p>Provide evidence of medical treatment (D)</p> Signup and view all the answers

    Pure economic harm claims can arise even when there is no physical injury involved.

    <p>True (A)</p> Signup and view all the answers

    Name one factor that is critical in determining the validity of economic harm claims.

    <p>Foreseeability</p> Signup and view all the answers

    The potential for __________ liability is a major concern in pure economic loss cases.

    <p>infinite</p> Signup and view all the answers

    Match the following concepts with their definitions:

    <p>Mitigation of Damages = Efforts required by claimants to reduce their losses Proximity = The directness of the relationship between negligence and loss Policy Considerations = Judgments related to public policy that affect duty of care Duty of Care = Legal obligation to avoid harm to others</p> Signup and view all the answers

    What often limits recovery for pure economic harm?

    <p>The existence of established duty of care (A)</p> Signup and view all the answers

    Public policy considerations can influence whether a claim for pure economic loss is allowed.

    <p>True (A)</p> Signup and view all the answers

    A claim for pure economic loss necessitates showing that the defendant acted with __________ in their conduct.

    <p>foreseeability</p> Signup and view all the answers

    Which of the following must a claimant demonstrate to pursue a claim for pure psychiatric harm?

    <p>The defendant acted negligently (A), The claimant suffered a recognized psychiatric illness caused by the defendant's negligence (D)</p> Signup and view all the answers

    A primary victim can claim compensation for pure psychiatric harm without proving foreseeability.

    <p>True (A)</p> Signup and view all the answers

    What is the term used to describe a person who suffers psychiatric harm by witnessing someone else's injury?

    <p>Secondary victim</p> Signup and view all the answers

    The relationship between the claimant and the victim of harm must be ______________ to claim for psychiatric harm.

    <p>sufficiently close</p> Signup and view all the answers

    Match the following terms with their definitions regarding psychiatric harm:

    <p>Foreseeability = Expectation that harm could occur from negligent actions Proximity = Closeness of the relationship between the claimant and harm Recognized psychiatric illness = Clinically identifiable psychiatric condition diagnosed by a professional Claimant = Individual seeking compensation for harm suffered</p> Signup and view all the answers

    Which of the following is true about 'sudden appreciation' in pure psychiatric harm cases?

    <p>It refers to an immediate and shocking awareness of an event (A)</p> Signup and view all the answers

    Proving a direct causal link between negligence and psychiatric injury is often straightforward.

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

    Name one condition that can be classified as a recognized psychiatric illness in pure psychiatric harm claims.

    <p>PTSD</p> Signup and view all the answers

    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.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    Negligence: Economic Loss and Psychiatric Harm PDF

    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.

    More Like This

    Negligence Law Quiz
    5 questions

    Negligence Law Quiz

    ConsiderateSnowflakeObsidian avatar
    ConsiderateSnowflakeObsidian
    Tort Law and Negligence
    10 questions

    Tort Law and Negligence

    UpbeatGrossular avatar
    UpbeatGrossular
    Defenses to Negligence Law
    16 questions

    Defenses to Negligence Law

    SaneChimera avatar
    SaneChimera
    Pure Economic Loss in Law
    47 questions

    Pure Economic Loss in Law

    EnthralledBananaTree avatar
    EnthralledBananaTree
    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser