Tutorial.doc - TUTORIAL LIABILITY FOR PSYCHIATRIC HARM Aims...

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TUTORIAL LIABILITY FOR PSYCHIATRIC HARM Aims and Objectives (a) To consider the current English law applying to ‘nervous shock’ claims (b) To consider the reasons for the current law (c) To consider whether the current law is appropriate Learning Outcomes Attentive students should have acquired: (a) An understanding of the main rules that apply in this context (b) An appreciation of the ‘policy’ reasons for the current law (c) An awareness of the reform agenda in this context Essential pre-tutorial reading LO: Chapter 7 White v Chief Constable of South Yorkshire [1998] 3 WLR 1509 Alcock v Chief Constable of South Yorkshire [1992] 1 AC 310 Page v Smith [1996] AC 155 W v Essex County Council and Another [2000] 2 All ER 237 McFarlane v EE Caledonia Ltd [1994] 2 All ER 1 Bourhill v Young [1942] 2 All ER 396 McLoughlin v O’Brian [1982] 2 All ER 298 Hambrook v Stokes Bros [1925] 1 KB 141 Additional reading M. Jones, ‘Liability for Psychiatric Illness – More Principle, Less Subtlety?’ [1995] 4 Web JCLI D. Nolan, ‘Psychiatric Injury at the Crossroads’ [2004] Journal of Personal Injury Law 1
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