Summary
Summary tort law
- Module
- European law
- Institution
- London South Bank University (LSBU)
Summary of 32 pages for the course European law at LSBU (tort)
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Law of TortsTopic 5 – Psychiatric Harm and
Nervous Shock
,In this session:
• Psychiatric Injury (“Nervous Shock”)
• Defining Psychiatric Injury
• Primary v Secondary Victims
• Beyond Primary and Secondary
• Critiquing Nervous Shock Rules
,What is psychiatric harm?
Harm to one’s mental wellbeing caused by a negligent act
Must be a recognized psychiatric issue
Difficulties of proof of harm, extent of harm, balancing fairness between
defendant and claimant
Unlike physical harm, extra limits are recognized
, Special Duty Problem
This is another variant of special duty problem, meaning that we are
discussing whether the defendant owes a duty of care in relation to the
particular events.
In most psychiatric cases, if the duty is established, breach and causation
will probably be easy to establish.
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