“Page v Smith” is a landmark and authoritative case in the realm of tort law, specifically in situations involving negligence leading to psychiatric harm suffered by the victim. Areas of… Read more »
Donoghue v. Stevenson (1932): A case which defined the duty of care in tort law. Areas of applicable law: Tort law – Duty of care – Neighbour principle: Main arguments… Read more »
Tort vs contract: Contract is a legal agreement between two or more parties. We make legal agreements every day without even knowing that we are doing so; for example, buying… Read more »
Areas of applicable case law: Tort law – Employment law – Negligence – Vicarious liability Main arguments in this case: Volenti non fit injuria (Latin “No injury can be caused… Read more »
Malice: Although in tort if an act is lawful, it remains lawful, hence permitted, regardless of the intention of the defendant. However in certain torts where malice is relevant such… Read more »
Malice and unlawfulness: In tort, if an act is lawful, you won’t be breaking the law regardless of whether the act was carried out with malice or bad intention. Bradford… Read more »
Vernon v Bosley [1997] 1 All ER 577, CA Medically recognised mental harm In August 1982 the plaintiff’s two young daughters were being driven in a car by their nanny,… Read more »
Fear is not a medically recognised condition and does not qualify for compensation for psychiatric harm. 19 years old Sarah and 15 years old Victoria Hicks were sisters who were… Read more »
A rescuer can be compensated for psychiatric harm. Mr Chadwick (the plaintiff) lived 200 yards from the train crash site in Lewisham in which 90 people died and many more… Read more »