WEEK NINE QUESTIONS.docx - WEEK NINE QUESTIONS 2 a a negligent act causes physical loss in the case of a positive infliction of physical harm the

WEEK NINE QUESTIONS.docx - WEEK NINE QUESTIONS 2 a a...

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WEEK NINE QUESTIONS 2. a) a negligent act causes physical loss- in the case of a positive infliction of physical harm, the existence of a duty of care is well established. It depends whether the harm suffered by the plaintiff was reasonably foreseeable. This involves the application of an objective test. The court asks whether the hypothetical reasonable onlooker would have foreseen the possibility of injury to certain individuals involved in the particular event. Physical harm means injury to the plaintiff or damage to his or her person and/or property. b) a negligent act causes mental harm- in the early nervous shock/psychiatric damage cases, the courts, probably reflecting current community standards, were reluctant to recognise nervous shock as a kind of damage in its own right. Rather they required that the psychiatric injury be a consequence of direct and contemporaneous physical injury, or later, at least required the plaintiff to be within the area of possible physical injury by impact. However,
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  • Fall '17
  • Erica Brady

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