Psychiatric Damage

Created by: yasmin.ioa
Created on: 24-04-19 22:59

Which Court of Appeal case indicated the expression psychiatric damage is preferred over nervous shock?

Attia v British Gas plc [1987]

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What must a claimant establish in order to recover damages for psychiatric damages? (2)

Harm over and above ordinary gried and distress. That they have suffered a definite and identifiable psychiatric illness.

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How are claimaints divided in the area of psychiatric damage?

Primary and secondary victims.

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Is it easier for a primary or secondary victim to sue for damages?

Primary victims.

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Why is it easier for a primary victim to sue for damages?

Courts have been very restrictive with secondary victims and introduced control devices to cut down on the number of potential claims.

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Reasons why psychiatric damage is dealt with separately:

Hard to distinguish genuine claim from fictitious one, problem w placing monetary value on this type of harm, "floodgates" problem - psychiatric damage is not so limited as persons not within range of impact may be affected

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Other cards in this set

Card 2

Front

What must a claimant establish in order to recover damages for psychiatric damages? (2)

Back

Harm over and above ordinary gried and distress. That they have suffered a definite and identifiable psychiatric illness.

Card 3

Front

How are claimaints divided in the area of psychiatric damage?

Back

Card 4

Front

Is it easier for a primary or secondary victim to sue for damages?

Back

Card 5

Front

Why is it easier for a primary victim to sue for damages?

Back

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Psychiatric Damage