Tort - Negligence (defences)
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Words: 2699
Pages: 10
(approximately 235 words/page)
Pages: 10
(approximately 235 words/page)
Essay Database > Law & Government > Government & Politics
showed first 75 words of 2699 total
showed last 75 words of 2699 total
V SMITH [1995] The House of Lords held that in claims for nervous shock, It is necessary to distinguish between primary and secondary victims. Where the P is a primary victim, personal injury of some kind must be foreseeable, but it is not necessary to show that injury by shock was foreseeable. Where the plaintiff is a secondary victim the defendant will not be liable unless psychiatric injury is foreseeable in a person of normal fortitude.
V SMITH [1995] The House of Lords held that in claims for nervous shock, It is necessary to distinguish between primary and secondary victims. Where the P is a primary victim, personal injury of some kind must be foreseeable, but it is not necessary to show that injury by shock was foreseeable. Where the plaintiff is a secondary victim the defendant will not be liable unless psychiatric injury is foreseeable in a person of normal fortitude.