This is a well written and clear set of lecture notes to do with the law of tort. Separated into clear and easy to understand sub sections. Notes made by an Accelerated law student in the 2 year law programme, case laws and notes are included. Negligence and nervous shock.
DISTRESS – No compensation for grief and distress.
NERVOUS SHOCK (Psychiatric Harm) – Must suffer from a recognised psychiatric illness, and
it must be such that a person of ordinary phlegm would be affected.
- (E.g) Clinical depression, PTSD, Pathological grief disorder.
History of Nervous Shock:
Courts originally reluctant to accept claims for nervous shock:
- Not believing people could suffer from it
- Flood of fraudulent claims
- Flood of genuine claims
Claims were gradually allowed if someone suffered physical injury and nervous shock.
Gradually allowed if someone was put in fear of injury leading to nervous shock. (PRIMARY
VICTIM.)
DULIEU V WHITE (1901)
Horse drawn carriage crashed into a pub and even though barmaid was not physically hurt, she
suffered a miscarriage because of the fear.
Held: No need for physical impact if the claimant was put in fear for their own safety and as
a result suffered nervous shock.
Therefore D was liable.
Third development (Secondary Victim): If someone suffered nervous shock even though they were
not put in physical danger.
HAMBROOK V STOKES (1925)(CA)
WH?
There could only be liability if the claimant saw or head the event with their own senses
rather than what they had been told.
D was liable
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller mbk_2004. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £6.49. You're not tied to anything after your purchase.
