Unascertainable class conceptually limited hill v

Info icon This preview shows pages 55–59. Sign up to view the full content.

View Full Document Right Arrow Icon
Unascertainable class, conceptually limited (Hill v Handberth) 3. P were vulnerable in the sense they had no way in protecting themselves from psychiatric injury. (Were in NSW, had no control over whether something like this would happen to their son) 4. Control: IF D controls the risk to which the P is exposed, the court is more likely to find a duty of care. If D controls the conditions in which P is exposed, the court is more likely to find a duty of care. If D controls the conditions in which the victim is hurt, that will point towards there being a duty, because the defendant will be able to control the risks to which the vctim is exposed. ( Et al Gifford)
Image of page 55

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
5. Recognising a duty of care will not interfere with the D’s legitimate business activities. (Usually in pure economic loss. Showing relevant in mental harm.) No interference here because D’s already owed to the son was an employee, this was something that they could not already do. 6. (Position of a bearer of bad news : imagine you are the person who has to tell someone their spouse has died. Could they sue you for causing them psychiatric illness?) The way someone conveys bad news: no duty is owed. (Do not have to break news in a careful or tact way, otherwise people would be worried and discourage of telling people, as they may be sued.)) Gummow & Kirby per Tame 230 CONSEQUENTIAL MENTAL HARM Courts more willing to compensate for consequential mental harm than pure mental harm. Treat such as a physical injury However recent changes to Wrongs Act has placed a restriction even for consequential mental harm S 74(1) P not entitled to damages for consequential mental harm unless normal fortitude: it is saying that normal fortitude rule now applies to consequential mental harm, not just pure mental harm.
Image of page 56
Normal fortitude won’t apply if D or ought to have known P of less than normal fortitude: the question is then would the D have ought to known P would have suffered (subjective) Unless you satisfy normal fortitude rule, will not get compensation for consequential mental harm even if you get physical harm General forseeability test for consequential harm
Image of page 57

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
i OMISSIONS EXCEPTIONS TO THE RULE THAT THERE IS NO LIABILITY FOR FAILURE TO ACT Most common situations where a duty to take positive steps to ensure another person is safe arises: 1. Where defendant created or contributed to the risk plaintiff is facing- (a) def creates danger (b) def has control of situation (eg def is occupier of premises) (c) there is reasonable reliance/ assumption of responsibility 2. Where there is a special relationship between the plf and def , so that the def must take positive action to protect the plf from harm (Eg school teachers and school children) 3. Where there is a special relationship between the def and a third party such that the def must take positive action to ensure the third party does not cause damage to the plf (Eg prison authorities and escaping prisoners) (a) Creation of danger A positive at of one person is causally linked with the harm, even if the positive act in itself was not negligent
Image of page 58
Image of page 59
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern