Date: Thu, 25 Oct 2007 11:25
From: Ken Oliphant
Subject: Mental Illness and Special Relationships
Try McLoughlin v Jones  EWCA Civ 1743,  Q.B. 1312, where assumption of responsibility is one of the tests considered by Brooke LJ (with implicit though not express mention of Hedley Byrne). It's a case of solicitor/client, so therefore contractual, but the court seems to have treated the tort principles as decisive, albeit tailored to fit the contractual relationship.
I can't pretend that the analysis is especially illuminating ...
--On 24 October 2007 12:52 -0400 Jason Neyers wrote:
Following on from our recent discussions, does anyone know of a case where someone has argued that there should be recovery for mental distress/illness on the basis of a Hedley Byrne type assumption of responsibility?
Ken Oliphant, CSET Reader in Tort, School of Law, University of Bristol, Wills Memorial Building, Queens Road, Bristol BS8 1RJ.
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