Chronology Of Tort Of Nervous Shock

Question 1

1.

Answer 1

Victorian rail commission vs coultas in 1888

Gatekeeper negligently invites husband and wife to drive over level crossing. Almost hit by train. Wife severe nervous shock

Without physical injury mental injury cannot be claimed. Court didnot recognize shock sustained through eye without direct physical contact

Question 2

2.

Answer 2

Wilkinson vs Downtown

A made a joke to B that her husband met with accident. b believed it and nervous shock

Held A liable. Wilful injury is malicious in law. 1 st time nervous shock introduced in law

Question 3

3.

Answer 3

DULIEU vs WHITE AND SONS

defendant servants negligently drove horse van into public house. Pregnant woman - nervous shock - still born. LIABLE.

However J. Kennedy put a limitation that only in case of fear of personal injury to plaintiff and not anyone else

Question 4

4.

Answer 4

HAMBROOK vs STOKES

Lord Atkins Removed the limitation

Mother. Children ahead. Def employees negligently secured a lorry. Rolled down. She feared children might be injured + bystander told

Secondary victims can claim damage for mental injury when they see the event first hand.