Tort Law 2
2017-02-13 22:46:31 0 举报AI智能生成
Tort Law 2
作者其他创作
大纲/内容
personal injury cases
the duty tests
Lord Atkin's speech in Donoghue v Stevenson(1932)
【1】Foresight *
B owes a duty of care to A if B reasonably foresees that A will be injured by B's actions
【2】Proximity
relationship of ‘closeness’ (in time, space and causally)
Lord Wilberforce's two-stage approach in Annsv Merton London Borough Council[1978]
【1】the neighbour principle
【2】if yes, then consider the the scope of duty
Caparov Dickman[1990] 2 AC 605
【1】foreseeability
【2】proximity
【3】fairness, justice and reasonableness
a bottom line
Duty in personal injury cases
physical injury;psychiatric injury (nervous shock); (mere) distress.
reasonable foreseeability of harm
generate a duty of care
Donoghue v Stevenson(1932)
Negligence = careless behaviour+ damage.
Omissions
political,moral,economic
Psychiatric Damage
Rescuers
“Danger invites rescue”(Cardozo J)
Co-Rescuers
A co-rescuer who exposes another rescuer to increased damage may be liable in negligence to that rescuer
“The victim”may himself have created the emergency (risk) and be liable to the rescuer
Primary victim
Secondary victim
【1】must have a close tie of love and affection with the person killed, injured or imperilled
child, parent, fiancéor spouse.
【2】was close to the incident in time and space
【3】directly perceived the incident rather than, for example, hearing about it from a third person
收藏
收藏
0 条评论
下一页
为你推荐
查看更多
