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Chapter

This chapter begins by explaining the meaning of psychiatric harm. It then discusses the general exclusionary rule; the distinction between ‘primary’ and ‘secondary’ victims; and other circumstances where the law recognises victims of psychiatric harms as having a claim in negligence (rescuers, involuntary participants, communicators of shocking news, self-harm by the defendant and ‘assumption of responsibility’ cases). Though initially psychiatric harm was recoverable only if accompanied by physical injury, it is now clear that the claimant can recover for pure psychiatric harm so long as it is a recognised psychiatric illness. It is not, therefore, possible to recover in the tort of negligence for mere grief, anxiety or distress.

Chapter

This chapter discusses the ‘special duty issue’ that arises when a person has suffered psychiatric harm as a result of the defendant’s negligence. This issue has an interesting history, for it was thought at first that a claimant could only succeed if he or she was within the range of physical impact. In other words, only the ‘primary’ victim could sue. Liability was later extended to secondary victims; that is, where the claimant was not at risk of physical injury, but saw or heard the accident which caused the shock with his or her own unaided senses.

Chapter

This chapter discusses the ‘special duty issue’ that arises when a person has suffered psychiatric harm as a result of the defendant’s negligence. This issue has an interesting history, for it was thought at first that a claimant could only succeed if he or she was within the range of physical impact. In other words, only the ‘primary’ victim could sue. Liability was later extended to secondary victims; that is, where the claimant was not at risk of physical injury, but saw or heard the accident which caused the shock with his or her own unaided senses.

Chapter

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. The document also included supporting commentary from author Craig Purshouse.

Chapter

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. The document also included supporting commentary from author Craig Purshouse.

Chapter

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. The document also included supporting commentary from author Craig Purshouse.

Chapter

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rothwell v Chemical & Insulating Co Ltd [2008] 1 AC 281. The document also included supporting commentary from author Craig Purshouse.

Chapter

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rothwell v Chemical & Insulating Co. Ltd [2008] 1 AC 281. The document also included supporting commentary from author Craig Purshouse.

Chapter

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rothwell v Chemical & Insulating Co. Ltd [2008] 1 AC 281. The document also included supporting commentary from author Craig Purshouse.

Chapter

This chapter begins by explaining the meaning of psychiatric harm. It then discusses the general exclusionary rule; the distinction between ‘primary’ and ‘secondary’ victims; and other circumstances where the law recognises victims of psychiatric harms as having a claim in negligence (rescuers, involuntary participants, communicators of shocking news, self-harm by the defendant and ‘assumption of responsibility’ cases). Though initially psychiatric harm was recoverable only if accompanied by physical injury, it is now clear that the claimant can recover for pure psychiatric harm so long as it is a recognised psychiatric illness. It is not, therefore, possible to recover in the tort of negligence for mere grief, anxiety or distress.

Chapter

This chapter examines liability for psychiatric illness in negligence. It considers liability to a person who witnesses the death, injury or imperilment of another person (‘secondary victim’ cases); cases where the claimant was involved as a participant’ in the traumatic event (‘primary victim’ cases); and cases of stress-related illness. The chapter concludes with an evaluation of the current law in this area and consideration of reform proposals.

Chapter

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Page v Smith [1996] 1 AC 155. The document also included supporting commentary from author Craig Purshouse.

Chapter

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Page v Smith [1996] 1 AC 155. The document also included supporting commentary from author Craig Purshouse.

Chapter

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Page v Smith [1996] 1 AC 155. The document also included supporting commentary from author Craig Purshouse.