Public policy - negligence for PEL an Pysch harm

• What type of loss is primarily involved in most negligence claims?

  Economic loss
• What is the distinction between consequential and pure economic loss in negligence claims?

  Consequential losses can be recovered, pure cannot
• In the case of Spartan Steel, what type of loss was compensated?

  Losses due to damage
• Why did the courts rule against recovering pure economic loss in Spartan Steel?

  Losses should be recovered under contract
• What concern did the courts have regarding pure economic loss claims?

  Floodgates of excessive claims
• How did Spartan Steel's situation differ regarding contracts with the negligent party?

  They had no contract with the negligent party
• Under what condition can pure economic losses be recovered in cases of negligent misstatements?

  When there is negligent advice and often a contract
• What is a requirement for claims of pure economic loss to be allowed?

  Existence of a special relationship
• What was the outcome in Goodwill v BPAS regarding claims?

  Unknown sexual partner could not sue clinic
• What was the ruling in Caparo v Dickman regarding claims?

  Unknown shareholder could not sue accountant
• What is the primary requirement for primary victims to prove in psychiatric injury claims?

  They must show they were directly involved
• What additional hurdles do secondary victims face in psychiatric injury claims?

  Must prove several specific conditions
• What are the requirements for secondary victims to claim psychiatric injury?

  • D was negligent
  • Recognizable psychiatric injury
  • Close tie of love and affection
  • Injury suffered at the scene or aftermath
  • Injury through own senses
  • Reasonable person would suffer same injury
• What case established many restrictions for secondary victims' claims?

  Alcock following the Hillsborough incident
• Why are there restrictive rules for secondary victims' claims?

  To prevent excessive claims and costs
• What was the outcome in Robertson Rough v Forth Road Bridge?

  Colleagues were not able to claim
• What was the ruling in White v CCSY regarding police officers?

  Police officers not at risk could not claim