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” Similarly, the degree of foreseeability of the third person’s injury is” far greater in the case of his contemporaneous observance of the” accident than that in which he subsequently learns of it. e. As regards the class of persons, webpage possible range is between the closestof family ties—of parent and child, or husband and wife, and the ordinarybystander. The guard said they could cross.
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Her prior movements are not known and not admitted. I do notread Lord Atkin’s language in a similar context in Hambrook v. 560; a distinction which is perhaps best expressed in thewords of Channell B. ReferencesIvyPanda.
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The claim was brought by her husband. Lord Thankerton: It is not appealed against. ” On this ground the Interlocutor appealed against should beaffirmed, and the Appeal dismissed. Although the claimant was not physically injured she claimed she suffered from severe shock and became ill. The court held that a woman who suffered psychiatric harm was not deemed to be a foreseeable victim after she walked into a motorcycle accident scene.
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Lord Oliver said a duty of care may be imposed if 3 requirements are satisfied (a three-stage test):Facts: The claimant was a manager of a pub. Of” course, the closer the relationship the more readily it is foreseeable” that they may be so affected, but if we just confine our consideration” potential liability of the tortfeasor is vastly increased if he has to” to parents and children and husbands and wives, it is clear that the” compensate the relatives as well as the immediate victims of his” carelessness” (1031H). 146. It creates a distinction in the English common law of negligence between primary victims and secondary victims. The case established the rule that a secondary victim must perceive a shocking event. is a stone in the edifice of the doctrine, and” not a missile to be flung at it.
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In any state of society it is ultimately” a question of policy to decide the limits of liability (1036G). defined it as absence of careaccording to the circumstances (Vaughan y. A group of these offenders were on an island and the officers, instead of supervising them, went to bed. Finally, for Samson to succeed, it must be proven that he was in a position of formal fortitude for the defendant to have foreseen the psychiatric injury. Cumming-Bruce L.
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Young was on a motorbike which he crashed and died. I may further adopt the words of Lord Johnston in the same case, at page 1327, “the obligee in such a duty must be a person or of a class definitely ascertained, and so related by the circumstances to the obligor that the obligor is bound, in the exercise of ordinary sense, to regard his interest and his safety.
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers. She was behind the bar when a vehicle was negligetly driven though the door of the pub. .