198428
Description
Mind Map by Sophie.J.E, updated more than 1 year ago
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Created by Sophie.J.E
over 10 years ago
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Nervous Shock-
Establishing Duty of Care
- 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
- Yes - Duty owed
- Bourhill v Young
- Yes - Is it Fair, Just and Reasonable?
- Bourhill v Young
- Dulieu v White
- No - No duty owed.
- 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
- Yes- Duty owed
- Alcock
- Yes- Did C witness the events?
- No - No duty owed
- McLoughlin v O'Brian
- Bourhill v Young
- Yes - was C at the scene or the
immediate aftermath?
- Vernon v Bosley
- Reilly v Mersyside
- Yes - Apply normal Caparo rules - Is harm
foreseeable?
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