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"The English Law on when damages can be claimed for psychiatric harm is largely incoherent. The best solution would be either to abolish the right to make such claims altogether or to remove the inconsistencies in the current law". Discuss.
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| Submitted: Mon Jun 19 2006
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Victoria Maschio Group I "The English Law on when damages can be claimed for psychiatric harm is largely incoherent. The best solution would be either to abolish the right to make such claims altogether or to remove the inconsistencies in the current law". Discuss. The English law's approach to the notion of psychiatric harm, often derogatorily names nervous shock, has tried to find its way in between two diametrically opposite views. On the one hand it is argued that victims of psychiatric illness should be compensated no differently from those persons who suffer physical injuries; on the other, there is a deep skepticism about the reality of the conditions that underlie the label of psychiatric harm, inducing its believers to propose that recovery for it should be altogether abandoned. In the course of this essay I propose to look at these opposing views, then discuss the requirements imposed by the law for a...
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