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Nervous Shock- Establishing Duty of Care

Sophie.J.E Law A-Levels English

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Nervous Shock- Establishing Duty of Care

  1. Has C suffered a recognised psychiatric injury?

    • Yes - Apply normal Caparo rules - Is harm foreseeable?
      • No - No duty owed.
      • Yes - Is there sufficient proximity?
        • Yes - Is it Fair, Just and Reasonable?
          • Yes - Duty owed
          • No - No duty owed.
          • White v CC South Yorkshire
        • Bourhill v Young
      • Bourhill v Young
      • Dulieu v White
    • No - Use Alcock rules - does C have close ties to the victim?
      • Yes - was C at the scene or the immediate aftermath?
        • Yes- Did C witness the events?
          • Yes- Duty owed
          • No - No duty owed.
          • Boyle v Keegan
        • Alcock
      • No - No duty owed
      • McLoughlin v O'Brian
      • Bourhill v Young
    • Vernon v Bosley
    • Reilly v Mersyside

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First part of Nervous shock topic in A2 Law of tort
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Sophie.J.E
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