PSYCHIATRIC LOSS AND PURE
ECONOMIC LOSS EXAM REVIEWED
QUESTIONS AND THEIR 100%
VERIFIED SOLUTIONS
Can Psychiatric harm be recoverable in a negligence
action?
This depends on the question of duty
Why is it not established if Psychiatric harm be
recoverable in a negligence action?
because it is a type of loss that gives rise to very
significant policy concerns.
To claim for psychiatric illness, claimant must show
that they suffered..
1. a medically recognised psychiatric illness, or a shock -
induced physical condition such as a heart attack
2. consider what category of claimant your claimant fits.
3. Advise on the remainder of the Negligence claim.
What is not sufficient to claim psychiatric loss?
Grief, or fear, or isolated flashbacks will not be sufficient,
Why is it imporant to consider what category of
claimant your claimant fits?
the category of claimant determines the way in which duty
of care is decided.
Actual victims or claimant offers the claimant the best
chance of being owed a duty of care by defendants
whereas...
, being 'secondary victim or claimant' offering the claimant
fitting that category only a very slim chance of being owed
a duty.
An actual victim is defined as someone directly
caught up in the incident...
who is physically and possibly also psychiatrically injured
Why are Actual victims more likely to be able to claim
psychiatric loss?
because they suffered a physical harm of which it highly
likely they were owed a duty of care so they are also owed
a duty in respect of any psychiatric loss flowing from that
incident too.
Who is categorised as a primary victim?
someone who is also caught up in the accident but who
escapes physical injury. However, they suffer psychiatric
harm as a result of reasonable fear for their own physical
safety.
Page v Smith where a claimant in a car who is
involved in a collision and suffers psychiatric harm
but is physically unharmed, is an example of what
category of victim?
primary victim
A secondary victim is defined as?
someone who suffers psychiatric harm due to fear for
someone else's safety. (witness incident or immediate
aftermath)
Alcock case, establishes legal hurdles for which type
of claimant must clear before they are owed a duty?
Secondary victims
Policy affects psychiatric and economic losses, what
is policy?
ECONOMIC LOSS EXAM REVIEWED
QUESTIONS AND THEIR 100%
VERIFIED SOLUTIONS
Can Psychiatric harm be recoverable in a negligence
action?
This depends on the question of duty
Why is it not established if Psychiatric harm be
recoverable in a negligence action?
because it is a type of loss that gives rise to very
significant policy concerns.
To claim for psychiatric illness, claimant must show
that they suffered..
1. a medically recognised psychiatric illness, or a shock -
induced physical condition such as a heart attack
2. consider what category of claimant your claimant fits.
3. Advise on the remainder of the Negligence claim.
What is not sufficient to claim psychiatric loss?
Grief, or fear, or isolated flashbacks will not be sufficient,
Why is it imporant to consider what category of
claimant your claimant fits?
the category of claimant determines the way in which duty
of care is decided.
Actual victims or claimant offers the claimant the best
chance of being owed a duty of care by defendants
whereas...
, being 'secondary victim or claimant' offering the claimant
fitting that category only a very slim chance of being owed
a duty.
An actual victim is defined as someone directly
caught up in the incident...
who is physically and possibly also psychiatrically injured
Why are Actual victims more likely to be able to claim
psychiatric loss?
because they suffered a physical harm of which it highly
likely they were owed a duty of care so they are also owed
a duty in respect of any psychiatric loss flowing from that
incident too.
Who is categorised as a primary victim?
someone who is also caught up in the accident but who
escapes physical injury. However, they suffer psychiatric
harm as a result of reasonable fear for their own physical
safety.
Page v Smith where a claimant in a car who is
involved in a collision and suffers psychiatric harm
but is physically unharmed, is an example of what
category of victim?
primary victim
A secondary victim is defined as?
someone who suffers psychiatric harm due to fear for
someone else's safety. (witness incident or immediate
aftermath)
Alcock case, establishes legal hurdles for which type
of claimant must clear before they are owed a duty?
Secondary victims
Policy affects psychiatric and economic losses, what
is policy?
