Do you want BuboFlash to help you learning these things? Or do you want to add or correct something? Click here to log in or create user.



Tags
#law #negligence #tort
Question
In Page v Smith the defendant had admitted negligent driving, but had argued that the psychiatric damage suffered (ME) was not foreseeable and therefore no duty of care was owed in respect of it. The House of Lords disagreed. They held that [...]. There was no need to foresee psychiatric damage. As primary victims are within the danger zone or reasonably fear for their own safety, it is likely that in most cases the defendant should have foreseen physical injury to the claimant.
Answer
in the case of primary victims if physical injury is foreseeable to a particular claimant then that would be sufficient to enable the claimant to recover damages for nervous shock even though he had not been physically hurt

Tags
#law #negligence #tort
Question
In Page v Smith the defendant had admitted negligent driving, but had argued that the psychiatric damage suffered (ME) was not foreseeable and therefore no duty of care was owed in respect of it. The House of Lords disagreed. They held that [...]. There was no need to foresee psychiatric damage. As primary victims are within the danger zone or reasonably fear for their own safety, it is likely that in most cases the defendant should have foreseen physical injury to the claimant.
Answer
?

Tags
#law #negligence #tort
Question
In Page v Smith the defendant had admitted negligent driving, but had argued that the psychiatric damage suffered (ME) was not foreseeable and therefore no duty of care was owed in respect of it. The House of Lords disagreed. They held that [...]. There was no need to foresee psychiatric damage. As primary victims are within the danger zone or reasonably fear for their own safety, it is likely that in most cases the defendant should have foreseen physical injury to the claimant.
Answer
in the case of primary victims if physical injury is foreseeable to a particular claimant then that would be sufficient to enable the claimant to recover damages for nervous shock even though he had not been physically hurt
If you want to change selection, open original toplevel document below and click on "Move attachment"

Parent (intermediate) annotation

Open it
Page v Smith the defendant had admitted negligent driving, but had argued that the psychiatric damage suffered (ME) was not foreseeable and therefore no duty of care was owed in respect of it. The House of Lords disagreed. They held that <span>in the case of primary victims if physical injury is foreseeable to a particular claimant then that would be sufficient to enable the claimant to recover damages for nervous shock even though he had not been physically hurt. There was no need to foresee psychiatric damage. As primary victims are within the danger zone or reasonably fear for their own safety, it is likely that in most cases the defendant

Original toplevel document (pdf)

cannot see any pdfs

Summary

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Details

No repetitions


Discussion

Do you want to join discussion? Click here to log in or create user.