tort coursework help ASAP Watch

laura105
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basically i have a psychiatric harm question..

A theme park negligently fail to check the coupling devices on a rollarcoaster and cause one of the carriages to fall off the track...

Jamie is in the carriage immediately behind and is terrified his carriage will fall to the ground too and suffers psychiatric harm.

What i want to know is...how do i apply the duty of care? is it via occupiers liability or general foresight, proximity and just fair and reasonable?

I wrote it as the latter but then when i got to remoteness i then have to talk about forseeability again and then apply the eggshell rule so now im just confused!
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beepbeeprichie
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(Original post by laura105)
basically i have a psychiatric harm question..

A theme park negligently fail to check the coupling devices on a rollarcoaster and cause one of the carriages to fall off the track...

Jamie is in the carriage immediately behind and is terrified his carriage will fall to the ground too and suffers psychiatric harm.

What i want to know is...how do i apply the duty of care? is it via occupiers liability or general foresight, proximity and just fair and reasonable?

I wrote it as the latter but then when i got to remoteness i then have to talk about forseeability again and then apply the eggshell rule so now im just confused!
You can pursue both routes of liability and remember you only use caparo/DvS when there is no pre-existing duty of care in that situation. Also remember that Jamie needn't have a close tie of love and affection as he is in the zone of danger making him a primary victim.
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