Psychiatric harm structure

Question 1

Introduction

Answer 1

C can make a claim against D under the tort of psychiatric harm

Question 2

What is psychiatric harm? (introduction)

Answer 2

claiment will have to prove if they do suffer from an actual, recognised psychiatric condtion that must have been triggered by a sudden event - long term condtion and medical evidence must be required.

Question 3

Conditions which will not qualify for psychiatric harm - what cases?

Answer 3

Reilly v Merseyside HA and Vernon v Bosley
apply

Question 4

First Paragraph

Answer 4

Primary or secondary victims - the courst will asses whether C was a primary or secondary victim

Question 5

How do we define primary victims?

Answer 5

Dulieu v White and Page v Smith
apply

Question 5

How do we define secondary victims?

Answer 5

McLoughlin v O’Brien
apply

Question 6

What is the rule on rescuers?

Answer 6

Chadwick v British Railwsay Board
apply to the scenario

Question 7

Second paragraph

Answer 7

duty of care primary victims

Question 7

Give an example of a pre-existing precedent.

Answer 7

Robinson (apply)

Question 8

What are the three stages from Caparo v Dickman?

Answer 8

-harm is reasonably forseeable as a result of the D’s actions (Kent)
-proximity in time, space or relationship (bournhill)
-Fair, just and reasonable to impose a duty of care on D (Hill v Robinson)
apply for each

Question 9

What else would you state in the third paragraph? -secondary victims

Answer 9

• Caparo test for duty of care has been modified this is for secondary victims.
  -modified forseeability test
  apply

Question 10

Forth paragraph

Answer 10

• duty of care secondary victims.
  -proximity must be proven - Alcock mechanisms -Alcock cases and public policy reasons

Question 11

What else would you include in the forth paragraph?

Answer 11

• development in law from Paul, polmear and purchase 2024

Question 11

What are all 3 control mechanisms

Answer 11

• close ties of love and affection - McLoughlin v O’Brian
  -present at the scene or its immediate aftermath - McLoughlin v O’Brian contrast with Alcock
  -witnesses the evemt with unaided senses - Boylan v Keegan
  Apply for each

Question 12

Fifth paragraph

Answer 12

duty of care secondary victims - fair, just and reasonable
IF c can show forseeability and proximity has been proven , it is likley to be fair, just and reasonableto impose a duty
(apply)

Question 13

sixth paragraph

Answer 13

• Breach and the standard of care and risk factors
• the test for breach is objective - D is expected to meet the standard of a reasonable person doing the same activity (Bylth)
  apply each risk factor.

Question 14

what are each risk factors?

Answer 14

• psychiatric harm is likley if (hayley v LEB)
• serious psychiatric harm is liley if (paris v SBC)
  -cost and practicalities D could have taken (Bolton v Stone)
  apply for each
  -had D fallen below the standard?

Question 15

seventh paragraph

Answer 15

-damage and causation
-including legal and factual causation
apply scenario with Barnett - But for
Psychiatric harm is reasonable forseeab;e if … and therefor is/not too remote (wagon Mound/HUghes

Question 16

eighth paragraph

Answer 16

• defendences - contribuitory negligence and consent
  -apply

Question 17

Conclude

Answer 17

apply - remedy and make a brief reference to speacil and general damages.