Helppp - TORT LAW - primary victim - psychiatric harm

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blobsy
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In order to prove a duty of care for psychiatric harm to a primary victim, would I need to satisfy the Caparo v Dickman criteria, or would I merely need to state that 'as he is a primary victim a duty of care is automatically owed' and nothing further?
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A Rose for Epona
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(Original post by blobsy)
In order to prove a duty of care for psychiatric harm to a primary victim, would I need to satisfy the Caparo v Dickman criteria, or would I merely need to state that 'as he is a primary victim a duty of care is automatically owed' and nothing further?
You may skip the Caparo test provided that you can establish the claimant is a primary victim, but saying a duty of care is automatically owed will do you no favours. Psychiatric injury questions call for the application of either Page v Smith or Alcock v Chief Constable of South Yorkshire, depending of whether the claimant is a primary or secondary victim respectively. Citing Page v Smith, you can go on to conclude that the defendant owes a duty of care if some personal injury (not necessarily psychiatric) was foreseeable.
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blobsy
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Thank you soo much
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