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Tort: Rules and Theory

Secondary Victims and Occupiers' Liability

  • 2 things to know
  • Paper 2

Overview

Recall questions on the relationship and proximity a secondary victim must show, how they must have perceived the event, and what the 1957 Act governs.

What you need to know

Answer each one before you reveal it.

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Key term

What relationship must a secondary victim have with the primary victim to recover for psychiatric injury?

Key term

What is the third condition for a duty to arise under the Occupiers' Liability Act 1984?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What relationship must a secondary victim have with the primary victim to recover for psychiatric injury?

    Model answer

    Close ties of love and affection.

  2. 2

    What proximity requirement applies to secondary victims claiming for psychiatric injury?

    Model answer

    They must have been proximate in time and space to the accident or its immediate aftermath.

  3. 3

    How must a secondary victim have perceived the accident or its aftermath to recover?

    Model answer

    With their own unaided senses.

  4. 4

    What does the Occupiers' Liability Act 1957 govern?

    Model answer

    The duty owed by occupiers to lawful visitors on their premises.

  5. 5

    What is the common duty of care under the Occupiers' Liability Act 1957?

    Model answer

    A duty to take such care as is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which they are permitted to be there.

  6. 6

    What does the Occupiers' Liability Act 1984 govern?

    Model answer

    The duty owed by occupiers to trespassers and other non-visitors.

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