psychiatric harm

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  • Created by: _marxlee
  • Created on: 10-05-17 09:08
who developed this law?
soley by the judges
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true or false? there is no legislation that covers this area of law
true
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in order for the c to claim, what do they have to show?
d was negligent, evidence of a serious psychiatric condition, the need to establish that the condition has come about due to witnessing an accident involving an injured victim with thom the c has a close relationship
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nervous shock has now been recognised as a medical condition in the form of...?
ptsd, depression, some form of personality change, the need for psychiatric treatment
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what type of effect must the mental injury must have on the c in order for him to claim for his loss?
substantial effect
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can the c also suffer some personal injury?
yes, the may do
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what is a primary victim?
those involved in the accident
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what is a rescuer?
someone who is not involved in an accident but who attends the scene
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can rescuers qualify as a primay victim?
yes if they suffer ph as a result of their experiences
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what happened in white v chief constable of south yorkshire?
involved claims for psychiatric injury from police officers who were on duty that day
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what was held in this case?
The appeal was allowed, the claimants were not entitled to recover for the psychiatric injury
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what can primary victims claim for?
damages for nervous shock in the same way as for physical injuries
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do they have to prove negligence?
yes
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what happened in mcfarlane v ee caledoia ltd?
c was on board a supply ship near the piper alpha oil rig on the night there was a series of catastrophic gas explosions. he helped prepare his ship to take on the injured and give out blankets etc
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what was held in this case?
he was neither a rescuer or in immediate physical danger himself. his claim failed
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what happened in chadwick v british railways board?
claimant was a member of the public, he attended the scene of a fatal train crash near his home. his claim was successful. he was engaged as a rescuer and he had placed himself in danger
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what happened in alcock v chief constable of south yorkshire?
the series of cases brought forward by relatives and friendships of football fans killed or injured during the hillsborough disaster. hol was acutely aware of the risk of impossible liability in allowing lots of claims
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what did this case establish?
three qualifying criteria which the c must satisfy to be able to claim
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what are they?
close tie of love and affection, the c must be close to the accident in time and space, the accident must be percieved by the c with his own senses
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what is an secondary victim?
a person who witnesses a horrific event, but who is not personally endangered
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what must be proven for their to be a secondary victim?
close tie of love and affection, a relationship between the c and antoher that is so close that if that other person is injured it is reasonably foreseeable that the c will suffer phychiatric damage
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what happened in mcloughlin v o'brien?
claimant was a mother who was told her husband and 3 kids were in a serious road accident. she went to the husband and was told one of them was killed and the others were seriously injured. she saw her surviving family memebers covered in dirt+blood
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what did she suffer?
psychiatric damage
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what did the hol suggest?
allowed her claim on the ground that, although she had not witnessed the accident, she witnessed the immediate aftermath.
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does the thin skull rule apply in psychiatric injury suffered by the c?
nope
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what must the secondary victim must show?
that his psychiatric damage was reasonable foreseeable and that a person of reasonable fortitude
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what must the secondary victim must show?
that his psychiatric damage was reasonable foreseeable and that a person of reasonable fortitude
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can a bystander claim?
no unelss they can satisfy the alcok criteria
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Card 2

Front

true or false? there is no legislation that covers this area of law

Back

true

Card 3

Front

in order for the c to claim, what do they have to show?

Back

Preview of the front of card 3

Card 4

Front

nervous shock has now been recognised as a medical condition in the form of...?

Back

Preview of the front of card 4

Card 5

Front

what type of effect must the mental injury must have on the c in order for him to claim for his loss?

Back

Preview of the front of card 5
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