Hi I think its like this: The radio station owe a duty of care to its listeners - if they were to tell a seriously horrific story it is forseeable that listeners could get a nervous shock the harm its not too remote as a reasonable consequence the wagon mound case.
The cause of action is against the Radio station - by breaking the news embargo there is NAI the Airline were cautious to prevent any forseeable harm - the second report from the station breaks the airlines causation - the (alleged) injury is a forseeable consequence of their negligence so they will be liable for the consequences the kind of damage is as would be expected . No Action can lie against the Airline there is a factual link for causation but no legal causation will apply (Conole v Redbank Oyster case) the Airline could not be held legally responsible for the shock though they set the chain of events in motion Breslin v Corcoran MIBI If you apply Kelly v Hennessey she has no cause of action as the shock did not have an immediate effect (she managed to drive home) and when she saw Robert she got a shock which factually caused the harm - on the basis of the report but this shock is too remote - its not reasonably forseeable that you would think it was a ghost and that he never got on the plane. The illness is as a result of Negligently inflicted emotional distress as per Devlin v the National maternity hospital - which refused to recognise an extension of the DOC for a hospital telling someone bad news which causes a psychatic Trauma as happend in Devlin, case law in England says it could be made Liable. Fletcher v Comm of Public works - irrational fear (of catching a disease) was not recognised as it was not forseeable - they left open as to whether such claims would be recognised if the fear was reasonable - this and the English cases could help Debras case - though the floodgates could apply, though Kelly says that Public policy will not prevent a claim if a legitimate one exists that fits within its rules. n Oct 11, 8:54 pm, SarahMcC <[EMAIL PROTECTED]> wrote: > > > First off I took it to mean the proper defendant would be the airline > > because > > they caused the damage which she is claiming to > > suffer from. If she had heard from a reliable source, the claim would > > nevertheless be against whoever caused the damage. > > > However, the fact that he wasnt actually injured makes it more likely > > that the proper D is the radio station, as if they hadn't announced > > that they were all dead and she had no knowledge of the accident, or > > had been in contact with robert prior to being informed of it then she > > would not have an action. > > > If nothing had happened the plane but the station announced that all > > were killed, Debra could hardly have an action against the airline as > > they were not at fault in anyway. Therefore, it seems likely that it > > would be the raidio station as the statement wasn't true. However, if > > the statement that everyone was killed was true, then an action can > > only lie against the airline. > > > On 11 Oct, 17:54, Fee <[EMAIL PROTECTED]> wrote: > > > > I don't know the answer to this but my take on it would be that the > > > proper defendant would be the radio station, because it was pointed > > > out in Alcock that seeing a disaster on TV could never amount to > > > sufficient proximity unless they did close ups, which the don't, but > > > if they did then the TV station would be the right person to take the > > > action against. So i wonder here if the fact that they said that all > > > the people were killed would make it comparable to doing the close ups- > > > as in if it was 80 out of 100 died then she would have no claim as she > > > wouldn't know they were dead but the fact it was "all" meant that she > > > knew they were definitely dead...- Hide quoted text - > > > - Show quoted text - --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "FE-1 Study Group" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [EMAIL PROTECTED] For more options, visit this group at http://groups.google.ie/group/FE-1-Study-Group?hl=en-GB -~----------~----~----~----~------~----~------~--~---
