Hint | Answer |
Duty of care can have continuing effect even if the nature of a party changes | |
Indirect misrepresentations can give rise to a duty of care for parties of modest means | |
Duty of care as to misrepresentation to an entirely different party (references) | |
Duty of care owed where there is an implied term that services will be provided with due care and skill | |
Solicitor held to have duty of care to daughters meant to receive benefits of will but didn't because he forgot to change the will - Based on Hedleyburn | |
Represented to A that product could be relied on. It could not. Duty of care established (outlier). | |
Not negligent towards bystander who does not possess the necessary phlegm | |
Liable for psychiatric harm which flows from foreseeable physical harm (even if it doesn't occur) | |
For psych injury, 2ndary victims: 1) close tie of love & affection 2) present at immediate aftermath 3) injury caused by witnessing accident | |
Mother could claim after witnessing aftermath of accident at hospital | |
Saw accident but didn't realise it was her son - couldn't claim | |
If rescuer puts themselves in physical danger, they can recover as a primary victim | |
Doubtful whether rescuers can still claim. Cannot if not in physical danger | |
Negligence of A causes B to cause harm to C - duty of care between A and B | |
Employers must take 'positive thought for safety of his workers in the light of what he knows or ought to know' | |
A statutory duty can only give rise to a claim for damages under common law negligence if there is statutory liability to pay compensation | |
Duty of councils to keep roads safe for public use but this does not extend to obvious hazards | |
ECHR and negligence should not be developed in harmony | |
Scottish Barristers still immune in criminal procedures | |
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