Psychiatric Harm

Question 1

no recognised harm for grief and sorrow

Answer 1

Hinz v Berry [1970]

Question 2

What is the difference between primary and secondary victims?

Answer 2

primary- suffered psychiatric harm due to fear for their own safety
secondary- witnessed someone else’s injury/suffered harm

Question 3

give a rescuer case when there was liability and one where there wasn’t

Answer 3

Chadwick; Cullin- yes
McFarlane; White- no

Question 4

Which test is used to determine duty in primary victim case?

Answer 4

Caparo Test- see Page v Smith [1996]

Question 5

Which case laid out the restrictions for secondary victims? also which case confirmed?

Answer 5

McLoughlin v O’Brian [1983]; Alcock [1992]

Question 6

What are the restrictions for secondary victims liability?

Answer 6

1. foreseeable harm- Bournhill v Young
2. relationship of proximity- Alcock
3. proximity in time and space- Seghal- sees daughter has died
4. sudden shock- Walters- mother and baby; medical negligence case
5. fairness to impose duty- floodgates concern- White [1999]