Tort Law Basics Flashcards

What is 'psychiatric injury' (nervous shock) in negligence law?

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).

What is the Alcock control mechanism for secondary victims in psychiatric injury claims?

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.

What is 'pure economic loss' and how is it treated in negligence?

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.

What exception allows recovery for pure economic loss arising from negligent misstatement?

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.

What factors are relevant to determining the standard of care in negligence?

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]).

What is 'breach of statutory duty' as a tort?

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.