1
Q
no recognised harm for grief and sorrow
A
Hinz v Berry [1970]
2
Q
What is the difference between primary and secondary victims?
A
primary- suffered psychiatric harm due to fear for their own safety
secondary- witnessed someone else’s injury/suffered harm
3
Q
give a rescuer case when there was liability and one where there wasn’t
A
Chadwick; Cullin- yes
McFarlane; White- no
4
Q
Which test is used to determine duty in primary victim case?
A
Caparo Test- see Page v Smith [1996]
5
Q
Which case laid out the restrictions for secondary victims? also which case confirmed?
A
McLoughlin v O’Brian [1983]; Alcock [1992]
6
Q
What are the restrictions for secondary victims liability?
A
- foreseeable harm- Bournhill v Young
- relationship of proximity- Alcock
- proximity in time and space- Seghal- sees daughter has died
- sudden shock- Walters- mother and baby; medical negligence case
- fairness to impose duty- floodgates concern- White [1999]
