Bourhill v Young (1943): foreseeability and duty of care.
Areas of applicable law: Tort law – Negligence – Foreseeability – Psychiatric harm Main arguments in this case: A defendant can only be liable if the rule of foreseeability is… Read more »
Tag: negligence
Pure psychiatric harm: what is it?
A pure psychiatric harm is a special form of negligence which causes a person to suffer mental anguish, or has the potential to inflict such mental harm without causing any… Read more »
White v Chief Constable of South Yorkshire (1998): psychiatric harm and rescuers.
Areas of applicable law: Tort law – Negligence – Psychiatric harm. Main arguments in this case: Can a rescuer be entitled to claim for psychiatric harm? The fact of the… Read more »
Pure economic loss: Spartan Steel v Martin (1972)
Areas of applicable law: Tort law – Negligence – Pure economic loss Main arguments in this case: Not all financial losses are recoverable in tort. Pure economic loss is a… Read more »
Tort law: general defences
Areas of applicable law: Tort law – General defences – Negligence. Main arguments: What defences are available in tort of negligence. General defences: In tort law there are primarily three… Read more »
Gough v Thorne (1966): contributory negligence and children
Areas of applicable law: Tort law – Duty of care – Contributory negligence. Main arguments in this case: Children may not be contributorily negligent depending up on their age. When… Read more »
Pitts v Hunt (1991): defence of illegality
Areas of applicable law: Tort law – Duty of care – Defence of illegality. Main arguments in this case: A claimant cannot claim damages for an act which arose due… Read more »
Revill v Newbery (1996): defence of illegality
Areas of applicable law: Tort law – Duty of care – defence of illegality Main arguments in this case: An occupier owes a duty of care to even trespassers The… Read more »
Ashton v Turner (1981): the defence of illegality
Areas of applicable law: Tort law – Negligence- defence of illegality Main arguments in this case: When a duty of care is not due to a claimant who sustained injuries…. Read more »
Caparo Industries plc v Dickman (1990): the issue of proximity and policy.
Areas of applicable law: Tort law – duty of care – negligence Main arguments in this case: Even though harm or damage may have been caused, proximity and policy reasons… Read more »