The 'agony of the moment' principle does not create a special rule but is merely an application of the general negligence standard: the reasonableness of conduct is assessed in the context of the emergency, but trained professionals are held to the standard expected of a competent practitioner in those circumstances. Where one tortfeasor creates a life-threatening emergency and the other fails to manage it, the creator's culpability will ordinarily be greater, and an apportionment that fails to reflect this may be set aside. The common law action for loss of services supports a duty of care for pure economic loss owed by a negligent third party to an employer for injury to employees, but the rule in Baker v Bolton precludes any common law claim for economic loss arising from employee deaths. The s 74(3)(a) TPA exclusion applies where transportation of goods is a significant (not merely incidental) aspect of the contract, even if not the predominant purpose.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
2 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.