LAW1113 Lecture Notes - Lecture 9: State Rail Authority, Nervous Shock In English Law
Document Summary
Topic 9: neglige(cid:374)ce (cid:894)doc pure me(cid:374)tal har(cid:373)(cid:895) Distinction between consequential mental harm and pure mental harm. Pure mental harm arises in two situations. )f d"s act directly causes mental harm eg. d dumps p into a tank of sharks won"t hurt him, but may traumatise him. )f d"s act causes harm to a third party and p witnesses or hears about it and suffers mental harm as a result. Court"s concerns with finding doc in mental harm. Paraphrased: d will only be liable if p witnessed at the scene the victim being harmed or if they were in a relationship with the victim and the victim would be able to recover against d in negligence. 73 (3) no damages are to be awarded to the plaintiff for pure mental harm if the victim would be unable to recover damages from the defendant. Wicks v the state rail authority of new south wales.
