Recoverable Losses

• What type of damage is personal injury classified as in terms of recoverability?

  Recoverable
• What type of damage is property damage classified as in terms of recoverability?

  Recoverable
• How is minor shock classified in legal terms?

  As 'emotional damage'
• Is minor shock recoverable when it occurs with personal injury and property damage?

  Yes, it is recoverable
• Is minor shock recoverable by itself?

  No, it is non-recoverable
• How is severe shock classified in legal terms?

  As 'nervous shock'
• Is severe shock recoverable when it occurs with personal injury and property damage?

  Yes, it is recoverable
• Does the recoverability of severe shock by itself depend on the type of victim?

  Yes, it depends on the type of victim
• Who are classified as primary victims?

  Those within the 'zone of physical danger'
• What is required for minor shock to be recoverable?

  A medically diagnosed psychiatric condition, e.g., PTSD
• Which case established the principle for primary victims being in the 'zone of physical danger'?

  Dulieu v White
• What did the case Page v Smith establish regarding primary victims?

  Claimants in the zone of physical danger can recover for psychiatric harm even if it wasn't reasonably foreseeable
• How are physical and psychiatric harms treated when psychiatric harm is foreseeable?

  They are treated as equivalent
• Who are classified as secondary victims?

  Those not at risk of physical harm but who witnessed others being harmed or the aftermath
• Which case is associated with secondary victims witnessing harm?

  Bournhill v Young
• What does the Alcock case relate to in terms of secondary victims?

  Control mechanisms for recovering damages for psychiatric harm
• What are the control mechanisms established in Alcock v Chief Constable of Yorkshire Police?

  Close tie of spouse, parents, children, and proximity to the accident
• What must secondary victims experience to recover damages?

  Suffering nervous shock through what was seen or heard, witnessed through their own senses
• How are rescuers treated in relation to victims in terms of recovery?

  Rescuers are treated the same as victims
• What type of economic loss is recoverable when linked to personal injury or property damage?

  Economic loss
• What is pure economic loss in legal terms?

  Financial loss not linked to personal injury
• Under what conditions is pure economic loss recoverable?

  Unless it involves negligent misstatement or negligence in performance of service
• Which case established the principle of negligent misstatement?

  Hedley Byrne v Heller and Partners
• What are the requirements for a special relationship in negligent misstatement?

  Assumption of responsibility by the defendant and reasonable reliance by the claimant
• What factors determine reasonable reliance in negligent misstatement cases?

  Fact-dependent circumstances
• Which case is associated with reasonable reliance in negligent misstatement?

  Reeman v Department of Transport
• What are the exceptions where negligent misstatement does not apply?

  Advice in casual context, unqualified advice, given at arm's length, failure to speak, to a large group
• What are the key distinctions between primary and secondary victims?

  • Primary Victims:
  • In the 'zone of physical danger'
  • Can recover for psychiatric harm if foreseeable
  • Secondary Victims:
  • Not at risk of physical harm
  • Witnessed harm or aftermath
• What are the key cases related to shock and recoverability?

  • Minor Shock:
  • McLoughlin v O’Brien
  • Bournhill v Young
  • Severe Shock:
  • Dulieu v White
  • Page v Smith
  • Alcock v Chief Constable of Yorkshire Police
• What are the main principles of negligent misstatement?

  • Assumption of responsibility by the defendant
  • Reasonable reliance by the claimant
  • Special relationship must exist
• What are the conditions under which pure economic loss is recoverable?

  • Linked to personal injury or property damage
  • Not linked to negligent misstatement or negligence in service performance
• What are the strengths and weaknesses of the recoverability of economic loss?

  • Economic Loss: Recoverable
  • Pure Economic Loss:
  • Recoverable unless linked to negligent misstatement
  • Not recoverable if only property control damage