Philosophy 2080 Lecture Notes - Lecture 6: Major Depressive Disorder, Nervous Shock In English Law, Ecliptica
6 Feb 2018
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Mustapha had purchased bottled water from culligan for 15 years. The last time he witnessed the delivery he saw a dead fly, and parts of another dead fly in one of the unopened bottles. This image severely scarred him, causing significant psychological harm. He is suing for the psychiatric harm resulting from the negligence of culligan claiming he could no longer drink, shower, or have sex as a result. Revolting implications for the health of his family. How do you determine if there is recoverable psychological harm. In this case it is clear that there was a duty of care owed, as manufacturers owe a duty of care to their consumers (donoghue v stevenson), and it is also clear that the culligan"s conduct breached this duty. There was definitely damage suffered as mustapha developed a major depressive disorder which had a significant impact on his life.
