Tort Law: Special Duty Problems

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Last updated: September 7, 2023

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Hint	Answer
Omissions
Three criteria for when an omission is a DoC?	Control
	Assumption of responsibility
	Creating or adopting risks
What type of omissions are not DoCs?	Pure omissions
Public Authorities
What are the courts worried will 'fund' negligence?	Taxpayers money
When do PA's owe a DoC?	Negligent exercising of powers makes a situation worse
When do PA's owe a DoC?	Causes direct physical harm
What pieces of legislation are PA claims closely aligned with?	Human Rights Act
	European Convention of Human Rights

Hint	Answer
Pure Economic Loss
What type of economic loss is a direct result of a harm?	Pure
What type of economic loss is a result of another harm?	Consequential
What are the Hedley Byrne principles	Special (fiduciary) relationship between
	Advisor has voluntarily assumed risk
	Reliance on advice
	Reasonable reliance
Which case closed the door on claims relating to defective products?	Murphy v Brentwood [1991]
Psychiatric Harm
What case gave the arguments for reluctance to allow claims for pure psychiatric harm?	White v CC South Yorkshire [1998]
What is a primary victim?	Someone in the zone of physical injury
What is a secondary victim?	Someone who witnesses harm to another
What are the Alcock Control Mechanisms?	Class of persons (relationship to V)
	Closeness of the claimant to the accident
	Necessity and means of which shock is caused