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15 Cards in this Set
- Front
- Back
Nervous Shock
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Yep
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McLoughlin v O'Brian
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P sees family in hopsicle after car accident, suffers from psychiatric damage. Wilbergroundforce: reasonable foreseeability, close relationship, direct perception.
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Alcock v Chief Constable of South Yorkshire Police
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Hillsborough football disaster!?? 16 plaintiffs - all fail. Seeing on the tv was held not to be sufficiently direct perception. Failed on policy grounds.
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Mulally v Bus Eireann
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P's family in serious car accident. Sees them in hopsicle. PTSD. Allowed to recover based on principles of negligence.
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Kelly v Hennessey
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1. Psychiatric injury.
2. Shock induced. 3. Causation. 4. Actual or apprehended injury to P or P's family. 5. Reasonable foreseeability. |
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Fletcher v Commissioner of Public Works
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Fear of developing asbestos related illness not allowed to succeed. Would be unreasonable to impose such a standard of care.
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Pure Economic Loss
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Yep.
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Ultramares v Touche
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Reason for not imposing liability - indeterminate amount, indeterminate class.
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Spartan Steel & Alloys v Martin & Co Ltd.
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D's negligence causes power to cut out in factory - furnaces cut out. Only allowed to claim damages for steel lost in furnaces, not for loss of earnings. Can claim for economic loss arising out of physical damage.
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Junior Books v Veitchi
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Liability for faulty flooring. Loss of earnings as well as cost of replacement. Judges are not willing to follow this decision in the UK.
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Ward v McMaster
McShane v Wholesale Fruit & Vegetable |
Both seem to support Junior Books.
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Hedley Byrne Liability
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Liability for economic loss arising out of negligent misstatement.
Arises where P relies on D's special skill, D knew they would rely, and it is reasonable for P to rely. |
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Hedley Byrne v Heller
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Credit reference from a bank - they are A-ok! This, it transpired, was not the case at all. Bank had disclaimer so they were grand like.
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Wildgust v Governors & Company of Bank of Ireland
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Man misses payment on insurance premium. Bank had told his broker that the payment had gone through.
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Walsh v Jones Lang Lasalle Ltd
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Brochure incorrectly states the size of a property. Disclaimer in the brochure. Held to be liable anyway - reasonable to rely on the brochure.
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