Economic loss and Psychiatric harm.

• no liability for pure economic loss case

  Spartan Steel v

  Martin and Co. (Contractors) Ltd
• Profit loss is pure economic loss

  Weller v Foot and Mouth

  Disease Research Institute
• What can be claimed under economic loss?

  •Damage that is physical damage as a result of the negligence

  •Loss of profits if it amounts to consequential economic loss from the physical damage
• Negligent misstatements two types?

  Two party

  Three party
• Which case decided this to be part of negligence?

  Candler v Crane Christmas and Co. (1951) then Hedley Byrne v Heller and Partners (1964): and then Lord Denning developed it.
• What is a special relationship case?

  A special relationship requires all of the following to be proved:

  •Negligence

  •Special Skill

  •Reliance

  •Communication

  •Purpose and knowledge

  •No disclaimer

  
  

  Caparo V Dickman confirmed this.
• Special advice can exist if given in a social setting and not professional


  Chaudhury v Parbhakar (1988):
• What type of victims are there in Psychiatric harm?

  Primary - Actual victim

  Secondary - Witness but not directly involved and suffers a mental injury.
• Page v Smith decided for Primary victims that?


  Primary victims must prove negligence on part of D

  
  

  and that injuries were suffered.
• P v S for secondary?

  Same as prior but claimant must pass Alcock criteria and that someone of reasonable fortitude would have suffered the same injury.
• Who can make secondary claim and when? Case?

  someone who had close ties of love and affection with a victim

  
  

  within two hours of the accident.

  
  

  Mcloughlin v O'brien
• Alcock criteria?

  1) Close ties of love and affection

  2) Suffered mental injuries at the scene or its immediate aftermath

  3) Claimant suffered shock through his or her own unaided senses.

  
  

  Alcock V Cheif Constable of South Yorkshire
• Threshold test?

  Would someone of reasonable fortitude have suffered the same reaction and injury?
• Can Rescuers claim psychiatric injury?

  Only professionals: Hale v London Underground

  
  

  If they hadn't put themselves at risk they must go through alcock criteria.

  
  

  White v Chief Constable of South Yorkshire
• Can bystanders claim psychiatric harm?

  McFarlane v E E Cledonia. No unless they pass Alcock criteria
• Property owners?

  Yes, Attia v British Gas
• Can near missers?

  Yes
• Those who suffer gradual shock?

  Yes, North Glamorgan NHS

  Trust v Walters