TORTS B

  • Created by: graceleah
  • Created on: 08-09-18 00:58
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  • Pure Psychological Harm
    • Step 1: What type of case is it?
      • a) 'Near Miss' - P nearly involved in an accident (Page v Smith)
      • b) 'Secondary Victim' - P witnesses injury to another (Annetts v Australian Stations)
      • c) False accusations/ information (Tame v NSW)
    • Step 2: Did P suffer a recognisable psychiatric illness? (Hinz v Berry)
      • a) Sorrow does not sound in damages (MIM v Pusey)
      • b) Intentional cause can sound (Giller v Procopets)
    • Step 3: Was the harm to P reasonably foreseeable? (consider factors in Tame/Annetts)
      • 1: Relationship of P to victim (Gifford v Strang)
        • Close love and affection between P and victim
        • Rescuers can claim (Chadwick v British Railways Board; Wicks v NSW)
        • Coworkers can claim (Mount Isa Mines v Pusey)
        • Property owners may be able to claim for property damage, but not certain in Australia (Attia v British Gas)
      • 2: Propinquity (Tame/ Annetts; Philcox v King)
        • Can witness aftermath (Jaensch v Coffey)
        • Can hear about things rather if other factors are strong (Tame/ Annetts)
      • 3: Sudden Shock (Tame/ Annetts)
      • 4: Was the injury foreseeable to a person of normal fortitude? (Tame/ Annetts)
        • Unless D aware of P's mental state
      • 5: P-D relationship (Annetts v NSW; Gifford)
      • 6:  Relationship between D and victim? (Annetts v NSW; Gifford)

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