Psychological lesions Flashcards
Discuss a claim for psychological lesions
Explain what is meant by the term psychological lesion ?
A psychological lesion (psychiatric injury or psychological disturbance) may be described as any recognisable harmful infringement of the brain and nervous system of a person.
Give an overview of the legal position in respect of emotional shock prior to the appeal court decision in Bester v Commercial Union Versekeringsmaatskappy
Prior to Bester, the South African law of delict lacked clear principles in this field. The courts consistently sought guidance from English law.
This resulted in the imposition of two artificial restrictions on liability for emotional shock:
1. The shock (or psychological disturbance) must have originated from a physical injury or resulted in harm to the physical constitution; and
2. The aggrieved party himself must have been in personal danger of being physically injured.
The first restriction concerns the element of wrongfulness, while the second constitutes negligence or legal causation.
Define Psychological lesions (emotional shock)
Any recognizable harmful infringement of brain and nervous system of a person .
State various ways in which Psychological injury be naturally sustained.
Nervous shock , fright or other mental suffering .
Give an overview of the legal position in respect of emotional shock prior to the appeal court decision in Bester v Commercial Union
Versekeringsmaatskappy.
Prior to Bester, the South African law of delict lacked clear principles in this field.
The courts consistently sought guidance from English law.
This resulted in the imposition of two artificial restrictions on liability for emotional
shock:
1. The shock (or psychological disturbance) must have originated from a
physical injury or resulted in harm to the physical constitution; and
2. The aggrieved party himself must have been in personal danger of being
physically injured.
The first restriction concerns the element of wrongfulness, while the second
constitutes negligence or legal causation.
Is liability excluded where the prejudiced party who suffered shock did not personally witness the disturbing incident, but learnt of it?
Liability is not necessarily excluded.
“thin skull” rule finds application in the case of liability for psychological injury. What does this statement mean?
A defendant cannot escape liability by proving that the plaintiff was particularly susceptible to the prejudicial consequences of the shock and that the consequences were
therefore not reasonably foreseeable.
Name the factors that can influence the question of the reasonable foreseeability of psychological injury.
The fact that the psychological lesion resulted from the physical injury
-was connected with such injury, or sustained together with it
-the fact that the plaintiff
was in personal danger of being physically injured
-the fact that the plaintiff was
informed of the death or injury of a close relative
-and the fact that the plaintiff
personally witnessed the death or injury of someone with whom the plaintiff had
a close relationship.
What restrictions were imposed on the ordinary delictual principles in the Bester v Commercial Union
Versekeringsmaatskappy?
- The shock (or psychological disturbance) must have originated from a
physical injury or resulted in harm to the physical constitution; and - The aggrieved party himself must have been in personal danger of being
physically injured.
To be actionable ,the harm caused by the shock must be —————-?
Reasonably serious.
The requirement of personal danger was similarly rejected in Bester case and replaced by ——————-?
Yardstick of reasonable foreseeability of harm
The shock (or psychological disturbance) must have originated from a physical injury or resulted in harm to the physical constitution. This restriction concerns the element of ——?
Wrongfulness.
The aggrieved party himself must have been in personal danger of being physically injured. This restriction constitutes the element of ————?
Negligence or legal causation.
