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To what extent should the law concerning the recovery of damages in negligence for psychiatric illness be liberalized
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To what extent should the law concerning the recovery of damages in negligence for psychiatric illness be liberalized? In this essay we are asked to discuss on the main tort issue of recovery of damages in negligence for psychiatric illness and to what extent should to be liberalized. This paper in order to give an adequate analysis is going to be separated in the following areas: a. The Present Law. b. Criticism on the principles of the Present Law. c. Law Commission Report No 249 on "Liability for Psychiatric Illness" (1998). d. Conclusion. a. The Present Law: Since 1901 when a Divisional Court ruled that a pregnant barmaid could recover damages for nervous shock caused by her fright at seeing a pair-horse van being driven into the bar where she was serving1, English law has recognized a cause of action for psychiatric illness. The principles that make up the scope of liability in negligence for...
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