Nervous shock Flashcards
1
Q
NS: Bourhill v Young legal rule
A
- as a PV P would need to be in a situation where the are under threat of physical danger
- a duty is dependent on P having a normal standard of susceptibility
2
Q
NS: What does recognised psychological harm mean. Alcock v CCSYP
A
- sudden appreciation by sight or sound of a horrifying event which violently agitates the mind
- it does not include psychiatric illness caused by the accumulation over a period of time of more gradual assaults on the nervous system
3
Q
NS: Page v Smith legal rule
A
- should be assumed that the individual has ‘reasonable fortitude and susceptibility’
- PH can be reasonably foreseeable when physical harm is foreseeable
4
Q
NS: Simpson v ICI legal rule
A
- can’t be a normal emotional reaction with no lasting effect
5
Q
NS: Vernon v Bosley Legal rule
A
- the recognition of PH is not given by psychologists/psychiatrist but by the court
6
Q
What is the test for nervous shock (Alcock)
A
- a tie of close love and affection between SV and PV
- was SV present at incident or immediate aftermath
- the injury was directly caused by the perception of the incident or it’s aftermath - can’t just be being told about it
7
Q
NS: McLaughlin v O’Brian legal rule
A
witnessing immediate aftermath is enough for the perception aspect of the test to be satisfied
8
Q
NS: Alcock v CCSYP legal rule
A
- perception through TV/radio is enough if there is enough of an understanding about what is happening/the danger involved
- authority for the 3 part test
9
Q
NS: Salter v UB Frozen and Chilled Foods
A
- someone claiming as a SV could be a PV if they themselves were in danger
10
Q
Paul v Royal Wolverhampton NHS Trust legal rule
A
- there needs to be perception of the negligence/wrongdoing not just the outcome
