the House of Lords nevertheless adopted and approved the McLoughlin criteria in the decision of [case]which is now the leading case in this area with regards to secondary victims. The criteria to be taken into account when considering whether a duty of care is owed include:
1. whether the claimant has suffered a recognised psychiatric illness;
2. foreseeability of the psychiatric damage;
3. the relationship between the claimant and ‘the victim’;
4. proximity in time and space; and
5. manner of perception.
In addition, as an overarching consideration, the court will always take into account whether it is fair, just and reasonable for a duty to be imposed.
Answer
Alcock v Chief Constable of South Yorkshire [1991] 4 All ER 907
Tags
#law #negligence #nervous-shock #tort
Question
the House of Lords nevertheless adopted and approved the McLoughlin criteria in the decision of [case]which is now the leading case in this area with regards to secondary victims. The criteria to be taken into account when considering whether a duty of care is owed include:
1. whether the claimant has suffered a recognised psychiatric illness;
2. foreseeability of the psychiatric damage;
3. the relationship between the claimant and ‘the victim’;
4. proximity in time and space; and
5. manner of perception.
In addition, as an overarching consideration, the court will always take into account whether it is fair, just and reasonable for a duty to be imposed.
Answer
?
Tags
#law #negligence #nervous-shock #tort
Question
the House of Lords nevertheless adopted and approved the McLoughlin criteria in the decision of [case]which is now the leading case in this area with regards to secondary victims. The criteria to be taken into account when considering whether a duty of care is owed include:
1. whether the claimant has suffered a recognised psychiatric illness;
2. foreseeability of the psychiatric damage;
3. the relationship between the claimant and ‘the victim’;
4. proximity in time and space; and
5. manner of perception.
In addition, as an overarching consideration, the court will always take into account whether it is fair, just and reasonable for a duty to be imposed.
Answer
Alcock v Chief Constable of South Yorkshire [1991] 4 All ER 907
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Open it the House of Lords nevertheless adopted and approved the McLoughlin criteria in the decision of Alcock v Chief Constable of South Yorkshire [1991] 4 All ER 907 which is now the leading case in this area with regards to secondary victims. The criteria to be taken into account when considering whether a duty of care is owed include:
1. wheth
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