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TORT: Proximity - This factor differs from situation to situation; it does not necessarily mean physical proximity only, but also legal. This relates to the 'neighbour' principle in that it relates to any person who it could have been reasonably foreseen that they would have been affected by the defendant's negligent act.
The necessary degree of proximity is the product of the court's conclusion on what is fair, just and reasonable.

TORT: Public authority - PA's generally act under statutory duties, pursuant to discretionary statutory powers. Claimants must satisfy CAPARO factors to establish a duty of care, and also, to allege negligence in the exercise of statutory powers or duties, must also go up against the additional hurdle of courts not wanting to fetter discretions conferred by Parliament.
If there is a statutory duty, a breach of it will be actionable in tort. However, if there is no general rule of liability in the statute, then one cannot fall back on a liability for negligence in the performance of the duty.

TORT: Psychiatric injury - A problematic form of personal injury, as despite advances in science, diagnosis of mind problems are still inaccurate, and the very existence of some conditions is controversial. Whilst the physical effects of an accident are limited by actual injury of the threat of, mental trauma has no such boundaries and can affect witness, friends or relatives.
This sort of shock must come on as a direct result of witnessing or being involved in a horrifying event. There is no recovery for psychiatric illness which appears over time. Sensations of fear or grief also cannot be included.

CONTRACT: Promise - A promise has to involve a promisor and a promisee, as well as an outward expression of common intention and of expectation as to the declation or assurance contained in the promise (which will normally take the form of an agreement).

CONTRACT: Promissory estoppel - "If parties have entered into definite...terms involving certain legal results...afterwards by their own act or with their own consent enter upon a course of negotiation which has the effect of leading one of the parties to suppose that the strict rights arising under the contract will not be enforced, or will be kept in suspense...the person who otherwise might have enforced [them] will not be allowed [to] where it would be inequitable having regard to the dealings which have taken place". There must be a clear and unambiguous representation by words or conduct, regarding the past, present or future upon which the promisee must have relied and for which it would be inequitable for the promisor to go back upon. It is not a cause of action (can only be used as a shield, not a sword), and it will only protect a person if he comes with 'clean hands'.

CONTRACT: Privity of contract - A third party cannot be subjected to a burden by a contract to which he is not a party. Prior to the Contracts (Right of Third Parties) Act 1999, a person who was not a party to a contract could not sue upon it in order to obtain the promised performance, even where the contract was entered into with the very objective of benefitting him. Exceptions are collateral contracts (between one of the contracting parties and the third party), agency, promise of trusts, or in tort.