Term
| What was a neighbour defined as in Donogue v Stevenson |
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Definition
| Persons so closely and directly affected by my act that i should have them in contemplation when directing my mind to the acts or omissions which are called into question |
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Definition
| Contains Lord Atkins Neighbour principle. you must take reasonable care to avoid acts or omissions which you can reasonable foresee would be likley to injure your neighbour. |
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Definition
No longer necesary to find a precendect with siilar facts.
1) was the claimant someone to whom the defendant could reasonably be expected to foresee the risk of harm
If yes, a prima facie duty of care will arise. |
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Definition
| Where there were previously good policy reaosns for limiting liability should now not prevnt an extensions where the neighbour principle justified recovery. |
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Definition
| Swept aside the broad two part test evisaged in Anns; the courts would impose a duty of care only where they could find precedents in comparable factual situations. |
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Definition
3 stage process
Was the damage Reasonable foreseeable
Whether there was a relaionship of proximity between the claimant and the defendant
whether it is just and reasonable to impose a duty of care. |
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Term
| Cases to do with reasonable foreseeability |
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Definition
palsgraf v long island railroad (exploding package at train station)
Haley v London Electricity Board (Blind man falling into a trench in Woolwhich) |
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Term
| Palsgraf v Long Island Railroad |
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Definition
| Man pushed when boarding train by Defendant, drops package which contains fireworks, injures claimant standing several feet away. |
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Term
| Haley london electricty board |
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Definition
| Workmen dug a trench and laid a shovel over it to prevent people from falling in, a blind man falls in. Duty owed to a class of people |
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Term
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Definition
Muirhead
Caparo v Dickman (audit provided by dickman was misleading)
Sutadharn (defendants carried out waer survey but did not test for arsenic contamination)
Watson v British Boxing Board of contol (safety arrangements at boxing match were inadequate) |
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Term
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Definition
| Dickman provided an audit which caparo claimed induced them to buy the company. Audit was not correct,bt was not intended to be a source of information available to strangers and could be put to any use outside of the makers contemplation. Therefore no duty of care. |
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Term
| Muir v Industrial tank specialities |
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Definition
| Goff LJ pointd out that proximity does not mean that the defendant and claiamnt had to know ach other, but that the situations they were both in meant that the defendant could reasonably be expecte to forese that his or her actions would cause damage to the claimant. |
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Definition
| Proximity ca also be meant in the sense of a measure of control over and responsibility for the dangerous situation. |
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Definition
| Boxing board was the only board who could license proffesional boxing matches, had complete control and responsibility for a sutation which could clearly result in harm to Mr ason (hisbrain damage) if the Board did not exercise reasonable care. |
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Definition
| Claimant became ill drinking water contaminate with arsenic and sued defendans who had carried out a survy of the local water system. It was general research and the fact that someone had expert knowlegde of the subject did not impose a duty on them to use that knowledge to help anyone who may need help. |
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Term
| Justice and Reasonablesness |
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Definition
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Term
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Definition
| Compensation was not awarded for the birth of a healthy chile- something considered a blessing, after partnes vasectomy failed. |
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Definition
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| A woman had a miscarriage as a result of witnessing the aftermath of a terrible road accident. |
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Definition
| car accident triggered underlying condition of Chronic Fatigue Syndrome (ME) |
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Term
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Definition
psychiatric injury can be divided into 3 categories
1) those physically & psychiatrically injured
2) primary victims
3) secondary victims |
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Term
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Definition
| Those who are put in danger of physical harm but only suffer psychiatric injury |
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Term
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Definition
| Those who witness physical injury to others and sufer from psychiartic harm. Duty will arise subject to strict requirements. |
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Term
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Definition
| Bar lady suffered miscarriage when defendants drove horse and van into the premises |
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Term
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Definition
| claimant injured in work accident, developed skin condition, developed depression. |
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Term
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Definition
| Claimant standing 50 yards from burning oil rig, fear for safety was ureasonabe so could not claim as primary victim. |
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Term
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Definition
| Fear of future case. claiimants given a growth hormone as children which may have been contaminated with a chemical which cause CJD. |
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Definition
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Definition
| C's husband and children were killed in a car accidneent. not there when happened, saw them afterwards in hospital |
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Definition
| Claims by relatives and friends killed in hillsborough football disaster. |
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Term
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Definition
| Claims by police officers who helped rescue people in the hillsborough football disaster. |
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Term
| What must be considered in a claim for psychiartic injury to a secondary victim |
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Definition
It must be reasonable foreseeable that a bystander of reasonable fortitude would be likely to suffer injury.
The nature and cause of psychiatric injury
The relationship of the claimant to the victim
The claimants proximity to the shocking incident in time and place. |
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Term
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Definition
| A primary victim does not owe a duty to secondary victims- father (fire officer) sues son for psychiatric injury when he was called to the scene of his son's car accident) |
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Term
| Sion V Hamstead Health Authority |
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Definition
| C had developed a stress related illness as a reult of watching his son slowly die in intensive care as a result of negligent medical treatment. ilness had not caused sudden shock |
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Term
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Definition
| Horrigying event which spanned 36 hours, after which her child died. made up of a series of events with their own immediate impact. |
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Term
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Definition
| British gas installed heating in claimants house which set fire to it Shock can be the result of damage to property. |
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Term
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Definition
| Claimant witnessed children drowning in a car negligently drowned by Nanny. Fact that grief plays a part in psychiatirc illness does not prevent a claim. Shock need not be the only cause of p. injury. |
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Term
| Chadwick v British Railway |
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Definition
| C spent 12 hours helpng victims of a train disaster in which over 90 people were killed. |
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Term
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Definition
| claiamants were police pfficers involved in a raid which went wrong. |
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Term
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Definition
| Fireighter went into a building to attempt an impossible rescue. His collegue died. Case suceeded as firefigher was a primary victim as he had established he had been exposed to danger and the risk of physical injury. |
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Term
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Definition
| Claimant was an unwitting agent of misfortune. operated a crane and (through no fault of his own) dropped a load into the hold of a ship being unloaded. He feared for his collegue's safety working below. |
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Term
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Definition
| Claimant struck a water hydrant. collegue died. |
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Term
| Australian case of Jaensch v COffey |
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Definition
| the aftermath continues for as long as the victim remains in the state caused by the accident. |
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Term
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Definition
| His baby was born dead. heard news about babies death over the phone seo not sufficiently proximate. |
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Term
| Law Comission Report in 1998 |
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Definition
current rules on compensation for secondary victims are too restrivtive.
Requirement of proximity should be abolished.
Requirement for p. injury arising from sudden shock should be abandoned. |
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