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The tort of negligence relating to claims for psychiatric injury.  

Member rating: 6 out of 10 stars (2 votes) | Words: | Submitted: Tue Mar 23 2004

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Until relatively recently, the tort of negligence relating to claims for psychiatric injury was very uncertain. However, in recent times, this area of the law has become slightly more certain with the laying down of various guidelines and criteria governing whether an individual can recover damages as a result of witnessing an event which causes them some form of psychiatric injury. As a result, there are various issues connected with whether a/various claimant(s) can recover damages (for psychiatric injury) as a result of a defendants' negligence and these will be looked at in depth. However, before the compensation claims, of the various individuals involved, can be discussed, it maybe necessary to define precisely what is meant by (negligently inflicted) psychiatric injury. Psychiatric Injury is defined as: 'a sudden assault on the nervous system' or 'a sudden appreciation ... of a horrifying event, which violently agitates the mind'1 These definitions suggest that the psychiatric...

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