BTF1010 Study Guide - Final Guide: Nervous Shock In English Law
6 Jun 2018
School
Department
Course
Professor
Tort Law
Aim: protection of person, property and economic interests from damage caused by another person’s failure to
take reasonable care.
How to establish a tort: 4 elements need to be proven
1) There was a duty of care
2) There was a breach of the standard of care expected
3) Causation (‘But for’ test)
4) The breach of duty of care has caused (foreseeable) damage
1. Duty of care in specific situations
Duty of care
• Neighbour test
• Neighbour: Persons who are so closely/directly affected by my act that I ought reasonably to have
them in contemplation as being so affected when I am directing my mind to the acts or omissions
which are called into question
Reasonability foreseeability
• The benchmark for a duty to exist
• Must be applied with due regard to whether it is reasonable to require a person to have in
contemplation the risk of injury that eventuated
Neighbour principle
• Where there is a pre-existing relationship
• Where the defendant is in the charge of/has the control over another person or property
• “You must take reasonable care to avoid acts or omissions which you can reasonably foresee would
be likely to injure your neighbour”
Types of duty of care
1. Duty of care and acts causing physical harm
• Reasonable foreseeability/proximity
• Case: Donogue v Stevenson (users of manufactured products)
• Manufacturers have a duty of care to protect consumer
• Under certain circumstances, a duty of care may be owed to someone even though there is no
contract between them
2. Duty of care and acts causing mental harm
• A duty of care may arise in so-called “nervous shock”
