PSYCHIATRIC HARM - TORT OF
NEGLIGENCE QUESTIONS AND
ANSWERS PASS GUARANTEED 100% ✅
What are the requirements for psychiatric harm - Answer ✅- D owes a duty of care
- D has breached the duty of care to C
- D's breach has caused reasonably foreseeable harm/damage/loss to C
What approach do the courts take - Answer ✅Restrictive and so the range of potential
claimants is far narrower than for claims relating to physical injury
Why are the courts reluctant to extend liability to those who witness shocking events - Answer
✅Fear of opening the floodgates
Dulieu v White and Sons - Answer ✅Where C suffered foreseeable psychiatric harm when D's
horse and cart crashed into the bar where she worked
Hambrook v Stokes - Answer ✅Where C suffered severe psychiatric harm, which ultimately led
to her death, arising from the shock of seeing an out of control lorry heading for her childre
Modern approach to psychiatric harm - Answer ✅Divides claimants into primary and secondary
victims
@2025 Exam Material 1
, What are primary victims - Answer ✅More likely to succeed in their claims plus they may have
sustained a physical injury and psychiatric harm
What are secondary victims - Answer ✅Less likely to succeed in their claims
What must the grief be - Answer ✅More than grief, distress of ordinary shock
What is the Hillsborough disaster case - Answer ✅Refers to the death of 97 Liverpool fans
during an FA cup match who were crushed to death
What are the cases that were brought forward after the Hillsborough disaster - Answer ✅Alcock
v Chief Constable of South Yorkshire
White and other v Chief Constable of South Yorkshire
Why were the cases that were brought forward after the Hillsborough disaster unsuccessful -
Answer ✅Weren't primary victims
Page v Smith - Answer ✅D caused a car accident which C was a PV
C was not injured but his shock triggered the onset of a latent condition
Claim successful
Valid claim if physical injury was foreseeable
Thin skull rule applied
Donachie v Chief Constable of Greater Manchester - Answer ✅A police officer forced to carry
out a very dangerous procedure several times, and suffering psychiatric injury owing to police
negligence
@2025 Exam Material 2
NEGLIGENCE QUESTIONS AND
ANSWERS PASS GUARANTEED 100% ✅
What are the requirements for psychiatric harm - Answer ✅- D owes a duty of care
- D has breached the duty of care to C
- D's breach has caused reasonably foreseeable harm/damage/loss to C
What approach do the courts take - Answer ✅Restrictive and so the range of potential
claimants is far narrower than for claims relating to physical injury
Why are the courts reluctant to extend liability to those who witness shocking events - Answer
✅Fear of opening the floodgates
Dulieu v White and Sons - Answer ✅Where C suffered foreseeable psychiatric harm when D's
horse and cart crashed into the bar where she worked
Hambrook v Stokes - Answer ✅Where C suffered severe psychiatric harm, which ultimately led
to her death, arising from the shock of seeing an out of control lorry heading for her childre
Modern approach to psychiatric harm - Answer ✅Divides claimants into primary and secondary
victims
@2025 Exam Material 1
, What are primary victims - Answer ✅More likely to succeed in their claims plus they may have
sustained a physical injury and psychiatric harm
What are secondary victims - Answer ✅Less likely to succeed in their claims
What must the grief be - Answer ✅More than grief, distress of ordinary shock
What is the Hillsborough disaster case - Answer ✅Refers to the death of 97 Liverpool fans
during an FA cup match who were crushed to death
What are the cases that were brought forward after the Hillsborough disaster - Answer ✅Alcock
v Chief Constable of South Yorkshire
White and other v Chief Constable of South Yorkshire
Why were the cases that were brought forward after the Hillsborough disaster unsuccessful -
Answer ✅Weren't primary victims
Page v Smith - Answer ✅D caused a car accident which C was a PV
C was not injured but his shock triggered the onset of a latent condition
Claim successful
Valid claim if physical injury was foreseeable
Thin skull rule applied
Donachie v Chief Constable of Greater Manchester - Answer ✅A police officer forced to carry
out a very dangerous procedure several times, and suffering psychiatric injury owing to police
negligence
@2025 Exam Material 2
