CILEx L3 Tort Law Basics 4 — Questions and Answers
Question 1: What is 'psychiatric injury' (nervous shock) in negligence law?
- A recognised psychiatric illness caused by the defendant's negligence, subject to special rules on proximity (Correct answer)
- Any distress or upset caused by the defendant
- A physical injury to the brain
- Anxiety about potential future harm
Correct answer: A recognised psychiatric illness caused by the defendant's negligence, subject to special rules on proximity
Psychiatric injury (or nervous shock) claims require the claimant to suffer a recognised psychiatric illness (not mere distress). Primary victims (at risk of physical harm) have easier access to recovery than secondary victims (witnesses).
Question 2: What is the Alcock control mechanism for secondary victims in psychiatric injury claims?
- Close ties of love and affection, proximity to the accident or its immediate aftermath, and perception by sight or hearing (Correct answer)
- Presence at the scene, financial dependency, and prior knowledge of the risk
- Employment relationship with the primary victim, presence at the scene, and immediate aftermath
- Close relationship, prior knowledge of risk, and no contributory negligence
Correct answer: Close ties of love and affection, proximity to the accident or its immediate aftermath, and perception by sight or hearing
In Alcock v Chief Constable of South Yorkshire [1992], the House of Lords set control mechanisms for secondary victim claims: close tie of love and affection with the primary victim, proximity to the accident or its immediate aftermath, and perception through own unaided senses.
Question 3: What is 'pure economic loss' and how is it treated in negligence?
- Financial loss not consequent on physical injury or property damage, which is generally not recoverable in negligence (Correct answer)
- Any financial loss caused by the defendant's negligence
- Loss of profit arising from a contract breach
- Loss of business due to a competitor's activities
Correct answer: Financial loss not consequent on physical injury or property damage, which is generally not recoverable in negligence
Pure economic loss is financial loss unconnected to physical injury or property damage. As a general rule, it is not recoverable in negligence (Spartan Steel v Martin [1973]), although exceptions exist for negligent misstatement causing economic loss.
Question 4: What exception allows recovery for pure economic loss arising from negligent misstatement?
- Hedley Byrne v Heller [1964] — a special relationship of reliance creates a duty of care (Correct answer)
- Donoghue v Stevenson [1932] — the neighbour principle applies
- The claimant has a contractual right to the information
- The statement was made in writing
Correct answer: Hedley Byrne v Heller [1964] — a special relationship of reliance creates a duty of care
In Hedley Byrne v Heller, the House of Lords held that liability for pure economic loss caused by negligent misstatement can arise where there is a special relationship of assumption of responsibility and reasonable reliance between the parties.
Question 5: What factors are relevant to determining the standard of care in negligence?
- Probability of harm, severity of potential damage, cost of precautions, and social value of the activity (Correct answer)
- The defendant's wealth and insurance position
- The claimant's vulnerability and prior knowledge of risk
- The number of people potentially affected only
Correct answer: Probability of harm, severity of potential damage, cost of precautions, and social value of the activity
Courts assess the standard of care by balancing: the probability that harm will occur, the severity of potential damage, the cost and practicability of precautions, and the social utility of the defendant's conduct (Blyth v Birmingham Waterworks [1856]; Bolton v Stone [1951]).
Question 6: What is 'breach of statutory duty' as a tort?
- A civil claim where a claimant sues for damage caused by a defendant's failure to comply with a statutory duty (Correct answer)
- A criminal charge for non-compliance with a statute
- A judicial review of a public body's failure to act
- A claim under the Human Rights Act 1998
Correct answer: A civil claim where a claimant sues for damage caused by a defendant's failure to comply with a statutory duty
Breach of statutory duty is a tort where a person who suffers damage as a result of another's failure to comply with a statutory obligation can bring a civil claim, provided the statute was intended to give rise to civil liability.
CILEx L3 Tort Law Basics 4
What is 'psychiatric injury' (nervous shock) in negligence law?