Tort Law Flashcards

What is the test for pure psychiatric injury (nervous shock) in Irish tort law following Kelly v Hennessy [1995]?

Answer: The plaintiff must have suffered a recognised psychiatric illness caused by the defendant's negligence — either as a primary victim (within zone of physical danger) or a secondary victim (witnessing harm to another, with proximity requirements)

Kelly v Hennessy applied principles similar to Alcock v Chief Constable of Yorkshire to Ireland. Primary victims (in the zone of physical danger) face fewer restrictions. Secondary victims must show: a close tie of love and affection with the primary victim, proximity to the incident, and perception through own unaided senses.

What is the significance of the Personal Injuries Assessment Board (PIAB) in Irish tort litigation?

Answer: Most personal injury claims must be submitted to PIAB before court proceedings can issue — PIAB assesses quantum and if the award is accepted by both parties the matter resolves without litigation

Under the Personal Injuries Assessment Board Act 2003 (as amended), most personal injury claims in negligence and occupiers' liability must be assessed by PIAB before court proceedings can commence. This is designed to reduce litigation costs and delays.

What is contributory negligence in Irish law and how does it affect damages under the Civil Liability Act 1961?

Answer: Where the plaintiff's own negligence contributed to their damage, their award is reduced proportionately to their degree of fault — contributory negligence no longer bars the claim but reduces it

The Civil Liability Act 1961 abolished the old rule that contributory negligence barred recovery entirely. Now, the plaintiff's damages are reduced in proportion to their degree of fault. A plaintiff 30% at fault recovers 70% of their loss.

What is the Caparo three-part test for establishing a duty of care?

Answer: Foreseeability of damage, proximity between the parties, and that it is fair, just and reasonable to impose a duty

Caparo Industries v Dickman [1990] established the three-stage test: (1) damage was reasonably foreseeable, (2) sufficient proximity between parties, (3) imposition of duty is fair, just and reasonable. Irish courts have considered but not uniformly adopted this approach, sometimes preferring a two-stage test.

What is the principle established in Hedley Byrne v Heller [1964] in Irish tort law?

Answer: A duty of care can arise for negligent misstatement causing purely economic loss where there is a special relationship characterised by assumption of responsibility and reasonable reliance

Hedley Byrne established that liability for negligent misstatement causing pure economic loss arises where the defendant has expertise, voluntarily assumes responsibility for the statement, and the plaintiff reasonably relies on it. This is adopted in Irish law.

What is the difference between trespass to the person and negligence in Irish law?

Answer: Trespass to the person (assault, battery, false imprisonment) requires a direct intentional act — it is actionable per se without proof of damage. Negligence requires damage and does not require intent

Trespass to the person is actionable per se — no damage need be proved. It requires a direct act (historically intentional, though some courts now require only voluntary action). Negligence requires proof of damage and duty, breach and causation. The torts serve different purposes.