EvieChambers
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Report Thread starter 2 years ago
#1
Currently doing my tort coursework but my uni haven't been the best at explaining the way in which to structure a Psychiatric harm problem question. I've started with if it is a recognised medical condition and then moved on to primary/secondary victims but I'm struggling on where to add the Caparo and Alcock test? I feel like they overlap a lot and don't understanding when to put them into my answer/which one would apply.

Any help would be appreciated. Thanks
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Mr Lawsome
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Report 2 years ago
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Psychiatric harm claims are a bit different to normal duty of care problems.

The courts have had to restrict liabiliy by increasing the hurdles a claimant must pass to show that there is a duty of care.

Caparo is not the best starting point.

Your best case is Alcock v Chief Constable - this case is THE case to use for psychiatric harm.

Suggestion:


  1. 1. Is there a psychiatric illness
  2. 2. Is the victim a primary or secondary victim?
    1. a. Primary victim?
    2. b. Normal rules apply – only physical injury needs to be reasonably foreseeable. Psychiatric injury does not.
  3. 3. If secondary?
    1. a. Need to prove the claimant was:
      1. In relationship of love and affection with the victim
      2. Claimant witnessed the event or its immediate aftermath
      3. Claimant witnessed the event or its immediate aftermath with their own unaided senses.
  4. 4. Whether primary or secondary:
    1. a. You then consider breach, causation.
Caparo Industries is only to be applied when you come across a situation where the courts have NEVER held there to be a duty of care in that specific type of relationship.
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EvieChambers
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Report Thread starter 2 years ago
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Thank you. That is very helpful!
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