Psychiatric Harm

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  • Created by: Owais360
  • Created on: 08-04-14 10:05
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  • Psychiatric Harm
    • Initial Requirements
      • 2) Due to Incident (IN PART ATLEAST)
        • Vernon v Boseley
          • The D was a nanny who drove two children by accident into a lake, the c  who was the father watched and suffered psychiatric illness when the firemen could not save his children. Court held the C suffered injury due to the breach of duty of the D.
      • 1) Medically recognized psychiatric illness
        • Reilly v Merseyside AHA
          • There must be a recognized psychiatric illness, not just negative emotions like fear and panic.
    • Must distinguish between PRIMARY & SECONDARY victim (Secondary victim fears for the safety of others)
      • Duty for Primary Victims
        • Normal Caparo v Dickman
          • 1) Was some loss to C reasonably foreseeable due to D's conduct {Kent v Griffiths}
            • 2) Proximity in time and space {Bourhill v Young}
              • 3) Just, fair and reasonable {Hill v Chief Constable of W Yorks}
      • Duty for Secondary Victims
        • Modified Carparo v Dickman
          • Forseeability of psychiatric harm in person of normal fortitude.
            • Page v Smith
          • Promixity {Alcock}
            • Close ties of love and affection {Alcock}
            • Present at scene or immediate aftermath {McLoughlin v O'Brien}
            • Direct Perception {McLoughlin v O'Brien}
            • Sudden Shock {Sion v Hampstead Health Autrhority}
          • Just, Fair and Reasonalble
    • Breach of Duty
      • The Standard- Reasonable Man Test
    • Causation
      • But for Test
      • Remoteness Test

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