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#law #negligence #tort
Once foreseeability of physical harm is established to a primary victim the remaining two elements of a duty under Caparo – proximity and fair, just and reasonableness are relatively straightforward. As the primary victim is always present at the traumatic event there is always geographical proximity between the claimant and defendant. Finally, if the defendant negligently, and foreseeably, puts the claimant in fear of their safety it is likely that the courts will find it fair, just and reasonable to impose a duty of care for any psychiatric damage caused as a result.
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