47 Questions
What must a claimant show in order to bring an action in negligence?
Damage
Why are the rules different for recovery of psychiatric injury without accompanying physical injury?
To prevent floodgates of claims
What type of injuries are required to recover damages for a recognised form of psychiatric injury?
Psychological injuries
Why are damages for grief, sadness, and sorrow not recoverable in psychiatric injury cases?
They are not recognized as psychiatric injuries
What is one policy reason for the rules being different for recovery of psychiatric injury without accompanying physical injury?
Preventing strain on the court system
Why was there less awareness among medical professionals in relation to certain types of psychiatric illness?
Lack of training and education
Which of the following is considered an ordinary and inevitable incident of life?
Dealing with grief and sorrow without compensation
In the context of psychiatric injury, what is the primary criterion for determining if an individual is classified as a primary victim?
Being in danger of physical harm and only suffering psychiatric injury
What distinguishes a secondary victim from a primary victim in cases of psychiatric injury?
Not being in physical danger themselves
In the context of psychiatric injury claims, what is the significance of 'special proximity rules'?
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?
White v Chief Constable of the South Yorkshire Police
In Reeves v Commissioner of Police of the Metropolis (1999), what defenses did the police raise?
Volenti, novus actus interveniens, and contributory negligence
What percentage were the damages reduced by in Froom v Butcher (1976)?
20%
In Owens v Brimmel (1977), how much negligence was the plaintiff held to be?
20%
According to Lord Denning, what is the determining factor for finding a child guilty of contributory negligence?
Age
What is the main reason courts are reluctant to find contributory negligence in emergency situations?
The exceptional circumstances surrounding the situation
What did Griffith J mention in Smith v Finch (2009) regarding safety helmets?
'A sensible thing to do'
In Jones v Livox Quarries Ltd (1952), why did the plaintiff claim no contributory negligence?
Because he took the risk of being thrown off, not being run into
What happened in Gough v Thorne (1966) involving a 13-year-old child?
'No contributory negligence' ruling because of excessive speed
'Fault' under the Law Reform (Contributory Negligence) Act 1945 includes __________.
'Negligence, breach of statutory duty or other act giving rise to liability in tort'
'Contributory negligence' was not permitted at what percentage according to the Law Reform (Contributory Negligence) Act 1945?
'100%'
In which case was the 'volenti' defense rejected?
Smith v Charles Baker & Sons (1891)
What did Lord Reid mention in ICI Ltd v Shatewell regarding the 'volenti' defense?
Claimant's full knowledge of risk does not necessarily imply consent.
Which case established that the 'volenti' rule does not apply to rescuers in cases of emergency created by the defendant's negligence?
Bakers v Hopkins (1959)
In Gray v Thames Trains Ltd (2009), what did the Court of Appeal hold regarding recovery of damages after manslaughter?
Recovery was allowed for loss of earnings after manslaughter.
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?
Joyce O'Brien (2013)
'Volenti non fit injuria' is a complete defense when ____________.
'volenti' means the claimant assumed the risk involved voluntarily
'Ex turpi causa non oritur actio' means ____________.
'Ex turpi' prevents action for illegal causes affronting public conscience.
'Ex turpi causa non oritur actio' does not apply in which scenario?
Minor traffic offenses.
'Joint criminal enterprise' cases are relevant to which legal doctrine?
Ex turpi causa non oritur actio
In what kind of legal case did Griffin v UHY Hacker Young & Partners (2010) involve?
A strict liability case based on incorrect guidance
In Patel v Mirza (2016), why did the Supreme Court determine that the claimant had the right to recover money despite an illegal contract?
The intended betting on share prices using insider information did not take place.
What factor did the majority consider important in the case of Patel v Mirza (2016) regarding the recovery of money from an illegal contract?
The underlying purpose of the law that was transgressed.
What did the CoA conclude in Pitts v Hunt (1991) regarding the defense of volenti non fit injuria?
The defense of volenti was made impossible by s 149 of the Road Traffic Act 1988.
Why does the defense of ex turpi causa non oritur actio apply even when volenti non fit injuria is not viable?
Because it is based on public policy to prevent claimants engaged in illegal activity from succeeding.
What was highlighted as a concern by the minority in Patel v Mirza (2016) regarding judgments on claims involving illegal contracts?
Complexity and uncertainty in making value judgments on public interest claims.
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?
The proportionality of denying the claim to recover money.
In a claim for damages, what does Volenti non fit injuria imply?
No wrong is done to one who consents to undertake a risk of harm.
What was the outcome of the case Pitts v Hunt (1991) regarding contributory negligence?
The plaintiff was found 100% liable.
What is the purpose of the Law Reform (Contributory Negligence) Act 1945?
To allow courts to reduce damages based on the claimant's responsibility.
According to Lord Reed in Jackson v Murray (2015), why is the apportionment of responsibility considered a rough exercise?
To reflect the court's aim to arrive at a 'just and equitable' result.
What does Ex turpi causa non oritur action entail?
No right of action arises from an unlawful act by the claimant.
Why did the Court of Appeal reverse the decision in Jackson v Murray (2015) regarding contributory negligence?
To adjust the percentage of negligence attributed to the girl.
What is the key impact of the Law Reform (Contributory Negligence) Act 1945 on contributory negligence cases?
It reduces damages based on the share of responsibility of the claimant.
Why did Lord Reed suggest that apportioning responsibility is a rough exercise?
To reflect the court's aim to arrive at a 'just and equitable' result.
What is the main impact of Volenti non fit injuria on negligence cases?
Claimants are prevented from seeking damages when participating in an unlawful act.
What was the primary reason for enacting the Law Reform (Contributory Negligence) Act 1945?
To enable courts to reduce damages based on shared responsibility.
Learn about the key points regarding psychiatric injuries in negligence actions, including the requirement to show damage, the distinction between physical and psychological effects, and the different rules of recovery when a victim develops a psychological condition without physical injury.
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