Podcast
Questions and Answers
What must a claimant show in order to bring an action in negligence?
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?
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?
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?
Why are damages for grief, sadness, and sorrow not recoverable in psychiatric injury cases?
What is one policy reason for the rules being different for recovery of psychiatric injury without accompanying physical injury?
What is one policy reason for the rules being different for recovery of psychiatric injury without accompanying physical injury?
Why was there less awareness among medical professionals in relation to certain types of psychiatric illness?
Why was there less awareness among medical professionals in relation to certain types of psychiatric illness?
Which of the following is considered an ordinary and inevitable incident of life?
Which of the following is considered an ordinary and inevitable incident of life?
In the context of psychiatric injury, what is the primary criterion for determining if an individual is classified as a primary victim?
In the context of psychiatric injury, what is the primary criterion for determining if an individual is classified as a primary victim?
What distinguishes a secondary victim from a primary victim in cases of psychiatric injury?
What distinguishes a secondary victim from a primary victim in cases of psychiatric injury?
In the context of psychiatric injury claims, what is the significance of 'special proximity rules'?
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?
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?
In Reeves v Commissioner of Police of the Metropolis (1999), what defenses did the police raise?
In Reeves v Commissioner of Police of the Metropolis (1999), what defenses did the police raise?
What percentage were the damages reduced by in Froom v Butcher (1976)?
What percentage were the damages reduced by in Froom v Butcher (1976)?
In Owens v Brimmel (1977), how much negligence was the plaintiff held to be?
In Owens v Brimmel (1977), how much negligence was the plaintiff held to be?
According to Lord Denning, what is the determining factor for finding a child guilty of contributory negligence?
According to Lord Denning, what is the determining factor for finding a child guilty of contributory negligence?
What is the main reason courts are reluctant to find contributory negligence in emergency situations?
What is the main reason courts are reluctant to find contributory negligence in emergency situations?
What did Griffith J mention in Smith v Finch (2009) regarding safety helmets?
What did Griffith J mention in Smith v Finch (2009) regarding safety helmets?
In Jones v Livox Quarries Ltd (1952), why did the plaintiff claim no contributory negligence?
In Jones v Livox Quarries Ltd (1952), why did the plaintiff claim no contributory negligence?
What happened in Gough v Thorne (1966) involving a 13-year-old child?
What happened in Gough v Thorne (1966) involving a 13-year-old child?
'Fault' under the Law Reform (Contributory Negligence) Act 1945 includes __________.
'Fault' under the Law Reform (Contributory Negligence) Act 1945 includes __________.
'Contributory negligence' was not permitted at what percentage according to the Law Reform (Contributory Negligence) Act 1945?
'Contributory negligence' was not permitted at what percentage according to the Law Reform (Contributory Negligence) Act 1945?
In which case was the 'volenti' defense rejected?
In which case was the 'volenti' defense rejected?
What did Lord Reid mention in ICI Ltd v Shatewell regarding the 'volenti' defense?
What did Lord Reid mention in ICI Ltd v Shatewell regarding the 'volenti' defense?
Which case established that the 'volenti' rule does not apply to rescuers in cases of emergency created by the defendant's negligence?
Which case established that the 'volenti' rule does not apply to rescuers in cases of emergency created by the defendant's negligence?
In Gray v Thames Trains Ltd (2009), what did the Court of Appeal hold regarding recovery of damages after manslaughter?
In Gray v Thames Trains Ltd (2009), what did the Court of Appeal hold regarding recovery of damages 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?
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?
'Volenti non fit injuria' is a complete defense when ____________.
'Volenti non fit injuria' is a complete defense when ____________.
'Ex turpi causa non oritur actio' means ____________.
'Ex turpi causa non oritur actio' means ____________.
'Ex turpi causa non oritur actio' does not apply in which scenario?
'Ex turpi causa non oritur actio' does not apply in which scenario?
'Joint criminal enterprise' cases are relevant to which legal doctrine?
'Joint criminal enterprise' cases are relevant to which legal doctrine?
In what kind of legal case did Griffin v UHY Hacker Young & Partners (2010) involve?
In what kind of legal case did Griffin v UHY Hacker Young & Partners (2010) involve?
In Patel v Mirza (2016), why did the Supreme Court determine that the claimant had the right to recover money despite an illegal contract?
In Patel v Mirza (2016), why did the Supreme Court determine that the claimant had the right to recover money despite an illegal contract?
What factor did the majority consider important in the case of Patel v Mirza (2016) regarding the recovery of money from an illegal contract?
What factor did the majority consider important in the case of Patel v Mirza (2016) regarding the recovery of money from an illegal contract?
What did the CoA conclude in Pitts v Hunt (1991) regarding the defense of volenti non fit injuria?
What did the CoA conclude in Pitts v Hunt (1991) regarding the defense of volenti non fit injuria?
Why does the defense of ex turpi causa non oritur actio apply even when volenti non fit injuria is not viable?
Why does the defense of ex turpi causa non oritur actio apply even when volenti non fit injuria is not viable?
What was highlighted as a concern by the minority in Patel v Mirza (2016) regarding judgments on claims involving illegal contracts?
What was highlighted as a concern by the minority in Patel v Mirza (2016) regarding judgments on claims involving illegal contracts?
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?
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?
In a claim for damages, what does Volenti non fit injuria imply?
In a claim for damages, what does Volenti non fit injuria imply?
What was the outcome of the case Pitts v Hunt (1991) regarding contributory negligence?
What was the outcome of the case Pitts v Hunt (1991) regarding contributory negligence?
What is the purpose of the Law Reform (Contributory Negligence) Act 1945?
What is the purpose of the Law Reform (Contributory Negligence) Act 1945?
According to Lord Reed in Jackson v Murray (2015), why is the apportionment of responsibility considered a rough exercise?
According to Lord Reed in Jackson v Murray (2015), why is the apportionment of responsibility considered a rough exercise?
What does Ex turpi causa non oritur action entail?
What does Ex turpi causa non oritur action entail?
Why did the Court of Appeal reverse the decision in Jackson v Murray (2015) regarding contributory negligence?
Why did the Court of Appeal reverse the decision in Jackson v Murray (2015) regarding contributory negligence?
What is the key impact of the Law Reform (Contributory Negligence) Act 1945 on contributory negligence cases?
What is the key impact of the Law Reform (Contributory Negligence) Act 1945 on contributory negligence cases?
Why did Lord Reed suggest that apportioning responsibility is a rough exercise?
Why did Lord Reed suggest that apportioning responsibility is a rough exercise?
What is the main impact of Volenti non fit injuria on negligence cases?
What is the main impact of Volenti non fit injuria on negligence cases?
What was the primary reason for enacting the Law Reform (Contributory Negligence) Act 1945?
What was the primary reason for enacting the Law Reform (Contributory Negligence) Act 1945?
