LLB102 Chapter Notes - Chapter 6: Urban Transit Authority, Mental Disorder, Nervous Shock In English Law
Document Summary
Freddie v doctor/department physical and related psychological problems. Freddie has suffered physical injury and related psychological problems e. g. psychiatric illness consequential upon his physical injury, prima facie he will be owed a duty of care: No difficulty in recovering both: nader v urban transit authority. Mary is suffering inconsolable grief brought about by the sudden death of her only child. The common law does recognise a duty of care not to cause someone grief, no matter how severe: coates v sgio, jaensch v coffey. In the absence of a diagnosis of a medically recognised psychiatric disorder, there is no duty of care. Only freddie will have a cause of action in negligence against the doctor/department. Onus of proof plaintiff on the balance of probabilities. This involves a claim for compensation for pure psychiatric injury caused by the council/s failu(cid:396)e to e(cid:374)su(cid:396)e that kell(cid:455) had ade(cid:395)uate gea(cid:396) a(cid:374)d matthe(cid:449)"s (cid:272)o(cid:374)se(cid:395)ue(cid:374)t failure to resue his work colleague, kelly.
