Nervous Shock- Establishing Duty of Care

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First part of Nervous shock topic in A2 Law of tort
Sophie.J.E
Mind Map by Sophie.J.E, updated more than 1 year ago
Sophie.J.E
Created by Sophie.J.E over 11 years ago
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Resource summary

Nervous Shock- Establishing Duty of Care
  1. Has C suffered a recognised psychiatric injury?
    1. Yes - Apply normal Caparo rules - Is harm foreseeable?
      1. No - No duty owed.
        1. Yes - Is there sufficient proximity?
          1. Yes - Is it Fair, Just and Reasonable?
            1. Yes - Duty owed
              1. No - No duty owed.
                1. White v CC South Yorkshire
                2. Bourhill v Young
                3. Bourhill v Young
                  1. Dulieu v White
                  2. No - Use Alcock rules - does C have close ties to the victim?
                    1. Yes - was C at the scene or the immediate aftermath?
                      1. Yes- Did C witness the events?
                        1. Yes- Duty owed
                          1. No - No duty owed.
                            1. Boyle v Keegan
                            2. Alcock
                            3. No - No duty owed
                              1. McLoughlin v O'Brian
                                1. Bourhill v Young
                                2. Vernon v Bosley
                                  1. Reilly v Mersyside
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