PPI

Question 1

The case to establish PPI

Answer 1

Mcloughin - C must be suffering from a ppi - cannot be grief or emotional distress

Question 2

Primary Victim?

Answer 2

Those who suffer physical and psychiatric harm

Question 3

Case for Primary Victim

Answer 3

Simmons v British Steel

Question 4

Secondary Victims?

Answer 4

Not at risk of secondary harm but has suffered PPI via witnessing the incident or the immediate aftermath.

Question 5

Case for Secondary victims

Answer 5

Alcock

Question 6

Can primary victims sue?

Answer 6

Yes, they are owed a duty, thin skull rule applies.

Question 7

What is Alcocks 4 stage criteria

Answer 7

1. Sudden shock caused by the “horrifying events”
2. Close tie of love and affection
3. Must witnessed the scene or immediate aftermath
4. PPI must be reasonably foreseeable for a person of reasonable fortitude.

Question 8

Elements of a Breach of duty (1)

Answer 8

1. Breach must cause the PPI + standard negligence breach where reasonable

Question 9

Defences

Answer 9

1. Contributory Negligence
2. Consent

Question 10

Remedies

Answer 10

Special and general damages - special is measurable

Question 11

Explain Contributory negligence (2)

Answer 11

1. Did C make the damages worse
2. Did C fall below the standard of the reasonable man

Question 12

Explain Consent (3)

Answer 12

1. Was C fully aware of the risk (Morris v Murray)
2. Did C fully consent
3. Did C waive any claim to injuries express or impliedly