Psychiatric Harm
- Created by: Owais360
- Created on: 08-04-14 10:05
View mindmap
- 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.
- Vernon v Boseley
- 1) Medically recognized psychiatric illness
- Reilly v Merseyside AHA
- There must be a recognized psychiatric illness, not just negative emotions like fear and panic.
- Reilly v Merseyside AHA
- 2) Due to Incident (IN PART ATLEAST)
- 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}
- 2) Proximity in time and space {Bourhill v Young}
- 1) Was some loss to C reasonably foreseeable due to D's conduct {Kent v Griffiths}
- Normal Caparo v Dickman
- 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
- Forseeability of psychiatric harm in person of normal fortitude.
- Modified Carparo v Dickman
- Duty for Primary Victims
- Breach of Duty
- The Standard- Reasonable Man Test
- Causation
- But for Test
- Remoteness Test
- Initial Requirements
Comments
No comments have yet been made