Philosophy 2080 Study Guide - Abdominal Pain, Nervous Shock In English Law, Black Letter Law
8 Feb 2013
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Mustafa had been using culligan water dispensers in his home and at work. Was changing the bottle at home when noticed a fly in the bottle. He vomited later and also felt abdominal pain. He claimed he suffered from many psychological ailments. If there is potential for physical harm, then there need not be any reasonable foreseeability" for nervous shock. Must always come back to duty of care. Always a duty of care to foreseeable plaintiff. Mustafa"s reaction was found to be quite odd. There was a duty of care and standard of care both of which were breached but not towards this specific plaintiff. Mustafa"s reaction was too unlikely to be a foreseeable plaintiff. Not foreseeable that injury would result from this. Thin skull rule applies take your victim as you find them but only taken into account after liability is found.
