Liability in Negligence (AQA A-Level Law): Flashcards
📚Flashcards
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10 cards from this deck
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Practise the cards
10 cards from this deck
Pure economic loss
Pure economic loss
Financial loss not linked to injury/property damage
General rule on pure economic loss
General rule on pure economic loss
No duty of care exists
Exception to pure economic loss rule
Exception to pure economic loss rule
Negligent misstatement where special relationship exists
4 elements of special relationship (Hedley Byrne)
4 elements of special relationship (Hedley Byrne)
Skill, knowledge of reliance, actual reliance, reasonable
What qualifies as psychiatric injury?
What qualifies as psychiatric injury?
Long-term diagnosed mental illness (not ordinary shock/grief)
Examples of what is NOT psychiatric injury
Examples of what is NOT psychiatric injury
Grief, sorrow, fear, panic, terror - normal emotions
Primary victim definition
Primary victim definition
Person in zone of physical danger (assessed objectively)
Secondary victim definition
Secondary victim definition
Person not in danger who witnesses horrific events to others
Primary victim test (Page v Smith)
Primary victim test (Page v Smith)
Physical harm reasonably foreseeable (not psychiatric specific)
4 Alcock tests for secondary victims
4 Alcock tests for secondary victims
Close ties, proximity via senses, time/space, shocking event