Nervous Shock Flashcards
What is Lord Ackner’s definition of nervous shock?
‘The sudden appreciation by sight or sound of a horrifying event that violently agitates the mind’ And causes recognised psychiatric disorder.
What is the authority on primary victims in nervous shock cases?
Page v Smith
When is someone a primary victim?
When they are in the zone of potential injury.
When does D owe a primary victim a duty of care for NS?
Duty of care arises not to cause NS where is is RF that P will suffer personal injury.
Which recent Scottish case reemphasises what makes a primary victim? P was not at risk of physical harm so no liability for NS
Weddle v Glasgow City Council
What case extends the duty of care to secondary victims? Moving away from the Bournhill position of
McLoughlin v O’Brien
Why was liability extended to Mrs. McLoughlin?
It was reasonably foreseeable that she would suffer NS. She was not an ordinary bystander. And she was caught up in the immediate aftermath, witnessing features of the incident itself first hand.
How does Alcock codify the duty of care to secondary victims?
- There must be close tie of love and affection
- The secondary victim must be present at incident or its immediate aftermath.
- NS must be caused by direct perception of accident or its immediate aftermath (not being told by third party)
On what requirement did the case of White v South Yorkshire Police fail?
There was no close tie of love and affection
Why did Keen v Tayside fail?
- Could not be primary victim according to Page (no threat of injury)
- No close tie of love or affection
What case extended the category of primary victim despite P not being at risk of physical harm?
Salter v UB Frozen foods
What case confirms that being told by a third party will preclude establishing the 3rd Alcock requirement?
Young v MacVean
- Not a sudden appreciation when witnessing event.
