Psychiatric Injury in Negligence Actions
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Questions and Answers

What must a claimant show in order to bring an action in negligence?

  • Damage (correct)
  • Financial loss
  • Physical injury
  • Psychological effects

    • Why are the rules different for recovery of psychiatric injury without accompanying physical injury?

  • To be punitive towards claimants
  • To encourage more claims
  • To prevent floodgates of claims (correct)
  • To ease the burden on the court system

    • What type of injuries are required to recover damages for a recognised form of psychiatric injury?

  • Pain and suffering
  • Loss of property
  • Physical injuries
  • Psychological injuries (correct)

    • Why are damages for grief, sadness, and sorrow not recoverable in psychiatric injury cases?

    <p>They are not recognized as psychiatric injuries</p> Signup and view all the answers

    What is one policy reason for the rules being different for recovery of psychiatric injury without accompanying physical injury?

    <p>Preventing strain on the court system</p> Signup and view all the answers

    Why was there less awareness among medical professionals in relation to certain types of psychiatric illness?

    <p>Lack of training and education</p> Signup and view all the answers

    Which of the following is considered an ordinary and inevitable incident of life?

    <p>Dealing with grief and sorrow without compensation</p> Signup and view all the answers

    In the context of psychiatric injury, what is the primary criterion for determining if an individual is classified as a primary victim?

    <p>Being in danger of physical harm and only suffering psychiatric injury</p> Signup and view all the answers

    What distinguishes a secondary victim from a primary victim in cases of psychiatric injury?

    <p>Not being in physical danger themselves</p> Signup and view all the answers

    In the context of psychiatric injury claims, what is the significance of 'special proximity rules'?

    Signup and view all the answers

    Which case established that once a defendant owes a duty of care to prevent physical injury, this duty extends to preventing psychiatric injury as well?

    <p>White v Chief Constable of the South Yorkshire Police</p> Signup and view all the answers

    In Reeves v Commissioner of Police of the Metropolis (1999), what defenses did the police raise?

    <p>Volenti, novus actus interveniens, and contributory negligence</p> Signup and view all the answers

    What percentage were the damages reduced by in Froom v Butcher (1976)?

    <p>20%</p> Signup and view all the answers

    In Owens v Brimmel (1977), how much negligence was the plaintiff held to be?

    <p>20%</p> Signup and view all the answers

    According to Lord Denning, what is the determining factor for finding a child guilty of contributory negligence?

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

    What is the main reason courts are reluctant to find contributory negligence in emergency situations?

    <p>The exceptional circumstances surrounding the situation</p> Signup and view all the answers

    What did Griffith J mention in Smith v Finch (2009) regarding safety helmets?

    <p>'A sensible thing to do'</p> Signup and view all the answers

    In Jones v Livox Quarries Ltd (1952), why did the plaintiff claim no contributory negligence?

    <p>Because he took the risk of being thrown off, not being run into</p> Signup and view all the answers

    What happened in Gough v Thorne (1966) involving a 13-year-old child?

    <p>'No contributory negligence' ruling because of excessive speed</p> Signup and view all the answers

    'Fault' under the Law Reform (Contributory Negligence) Act 1945 includes __________.

    <p>'Negligence, breach of statutory duty or other act giving rise to liability in tort'</p> Signup and view all the answers

    'Contributory negligence' was not permitted at what percentage according to the Law Reform (Contributory Negligence) Act 1945?

    <p>'100%'</p> Signup and view all the answers

    In which case was the 'volenti' defense rejected?

    <p>Smith v Charles Baker &amp; Sons (1891)</p> Signup and view all the answers

    What did Lord Reid mention in ICI Ltd v Shatewell regarding the 'volenti' defense?

    <p>Claimant's full knowledge of risk does not necessarily imply consent.</p> Signup and view all the answers

    Which case established that the 'volenti' rule does not apply to rescuers in cases of emergency created by the defendant's negligence?

    <p>Bakers v Hopkins (1959)</p> Signup and view all the answers

    In Gray v Thames Trains Ltd (2009), what did the Court of Appeal hold regarding recovery of damages after manslaughter?

    <p>Recovery was allowed for loss of earnings after manslaughter.</p> Signup and view all the answers

    Which case involved an injury during a getaway following a theft of two ladders, leading to a claim against the uncle and his insurers due to careless driving?

    <p>Joyce O'Brien (2013)</p> Signup and view all the answers

    'Volenti non fit injuria' is a complete defense when ____________.

    <p>'volenti' means the claimant assumed the risk involved voluntarily</p> Signup and view all the answers

    'Ex turpi causa non oritur actio' means ____________.

    <p>'Ex turpi' prevents action for illegal causes affronting public conscience.</p> Signup and view all the answers

    'Ex turpi causa non oritur actio' does not apply in which scenario?

    <p>Minor traffic offenses.</p> Signup and view all the answers

    'Joint criminal enterprise' cases are relevant to which legal doctrine?

    <p>Ex turpi causa non oritur actio</p> Signup and view all the answers

    In what kind of legal case did Griffin v UHY Hacker Young & Partners (2010) involve?

    <p>A strict liability case based on incorrect guidance</p> Signup and view all the answers

    In Patel v Mirza (2016), why did the Supreme Court determine that the claimant had the right to recover money despite an illegal contract?

    <p>The intended betting on share prices using insider information did not take place.</p> Signup and view all the answers

    What factor did the majority consider important in the case of Patel v Mirza (2016) regarding the recovery of money from an illegal contract?

    <p>The underlying purpose of the law that was transgressed.</p> Signup and view all the answers

    What did the CoA conclude in Pitts v Hunt (1991) regarding the defense of volenti non fit injuria?

    <p>The defense of volenti was made impossible by s 149 of the Road Traffic Act 1988.</p> Signup and view all the answers

    Why does the defense of ex turpi causa non oritur actio apply even when volenti non fit injuria is not viable?

    <p>Because it is based on public policy to prevent claimants engaged in illegal activity from succeeding.</p> Signup and view all the answers

    What was highlighted as a concern by the minority in Patel v Mirza (2016) regarding judgments on claims involving illegal contracts?

    <p>Complexity and uncertainty in making value judgments on public interest claims.</p> Signup and view all the answers

    Which aspect did the majority in Patel v Mirza (2016) believe should be considered when determining a claimant's right to recover money from an illegal contract?

    <p>The proportionality of denying the claim to recover money.</p> Signup and view all the answers

    In a claim for damages, what does Volenti non fit injuria imply?

    <p>No wrong is done to one who consents to undertake a risk of harm.</p> Signup and view all the answers

    What was the outcome of the case Pitts v Hunt (1991) regarding contributory negligence?

    <p>The plaintiff was found 100% liable.</p> Signup and view all the answers

    What is the purpose of the Law Reform (Contributory Negligence) Act 1945?

    <p>To allow courts to reduce damages based on the claimant's responsibility.</p> Signup and view all the answers

    According to Lord Reed in Jackson v Murray (2015), why is the apportionment of responsibility considered a rough exercise?

    <p>To reflect the court's aim to arrive at a 'just and equitable' result.</p> Signup and view all the answers

    What does Ex turpi causa non oritur action entail?

    <p>No right of action arises from an unlawful act by the claimant.</p> Signup and view all the answers

    Why did the Court of Appeal reverse the decision in Jackson v Murray (2015) regarding contributory negligence?

    <p>To adjust the percentage of negligence attributed to the girl.</p> Signup and view all the answers

    What is the key impact of the Law Reform (Contributory Negligence) Act 1945 on contributory negligence cases?

    <p>It reduces damages based on the share of responsibility of the claimant.</p> Signup and view all the answers

    Why did Lord Reed suggest that apportioning responsibility is a rough exercise?

    <p>To reflect the court's aim to arrive at a 'just and equitable' result.</p> Signup and view all the answers

    What is the main impact of Volenti non fit injuria on negligence cases?

    <p>Claimants are prevented from seeking damages when participating in an unlawful act.</p> Signup and view all the answers

    What was the primary reason for enacting the Law Reform (Contributory Negligence) Act 1945?

    <p>To enable courts to reduce damages based on shared responsibility.</p> Signup and view all the answers

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