Is the law relating to negligently caused psychiatric damage satisfactory?
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| Submitted: Mon Jun 28 2004
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Is the law relating to negligently caused psychiatric damage satisfactory? The law relating to negligently inflicted psychiatric harm, or 'nervous shock' as Courtspeak has dubbed it, is one of the most recent, evolving and controversial areas of the law of torts. However, it is submitted that, in this area of the law, a legacy has been left of vagueness, illogicality and injustice. The area is therefore ripe for a special study. This essay will aim a trident of criticisms at the current law: Firstly, the current principles are so unacceptably vague as to make predicting the outcome of cases very difficult. This has repercussions for practitioners and claimants. Also this has surely been shown by the tangled mass of case-law. From the expansion of McLoughlin v O'Brain (1983), to the complex turgidity of Alcock v Chief Constable of South Yorkshire (1992), the hope of Frost v Chief Constable of South Yorkshire (1997)...

