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Additional resources for CIMA Learning System Fundamentals of Ethics, Corporate Governance and Business Law: New syllabus (CIMA Certificate Level 2008)
Sanderson (1964), a driver negligently backed his car from a garage, and injured a young boy. The father, who was known to be nearby, heard the scream and ran to the scene. He recovered damages for his nervous shock. This harm was not too remote, because he was a relative of the main victim and was known to be in the close vicinity. (Compare this case with Bourhill v. 6 Contributory negligence The most important (partial) defence to a claim for negligence also involves causation. The defence of contributory negligence arises if the claimant was partly the author of his own misfortune, so that the accident was partly caused by the claimant himself.
Nevertheless she saw blood on the road, suffered severe shock, and lost her unborn child. Her claim for damage failed because she was too far from the accident and not within the foreseeable range of harm. In Alcock v. Chief Constable of South Yorkshire Police (1991), one of a number of cases arising from the Sheffield football disaster where many spectators were killed, an action was brought by relatives of the victims, who saw the tragedy from a distance or on live television. They all suffered nervous shock, and sued the police for negligence.
The parties may agree upon a number of stringent obligations which each party promises to observe. In the event of default the claimant will be entitled to sue for breach of contract (see Chapters 2). In the tort of negligence, however, obligations are not accepted by voluntary agreement but are imposed upon the persons concerned by the state. QXD COMPARISON OF ENGLISH LAW WITH ALTERNATIVE LEGAL SYSTEM 10 1/7/06 4:13 PM Page 10 STUDY MATERIAL C5 The ratio decidendi and obiter dicta are part of this process.