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Tort

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1. "It is clear that psychiatric injury presents the law with the most profound problems and it has only kept it under control by drawing a series of arbitrary lines." Discuss the above statement. (40 Marks) To some extent, the above statement could be considered to be true. The law to psychiatric injury in tort is based on common law rulings and there is no set statutory provision to govern psychiatric matters. This is due to the fact that psychiatric illness is a matter involving a person's mind and mental emotions are always subject to change in changing situations. Courts have however made various attempts to categorise psychiatric illness in a 'series of arbitrary lines' to set a framework for various types of psychiatric illness claims. The courts will only grant remedy to what is 'medically recognised psychiatric illnesses such as, post traumatic stress disorder, organic depression and so on. Acute emotions such...

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