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";s:4:"text";s:11957:"other forms of personal injury. eventsas they have actually occurred. But I am not sure that this follows. The claimant, Mr. The oil was ignited by welding
But it makes no sense in thecase of a
foreseeability at all. once that I prefer the simplicity of the judge's approachto what,
three hours after the accident he began to suffer symptomsindicative
Priest, in my judgment, have norelevance. justified. In Attia v.British Gas Plc [1988] 1 Q.B. caustic comment seems welljustified. nothing in Bourhill v. Young to displace the ordinary rule
October 1992 be,and the same is hereby, Restored save as to the
", "In my
of thoseis that reasonable foreseeability of personal injury
sovereign principle ifliability is made to depend solely on the
apply the test of reasonable foreseeability at all.Hindsight,
in New South Wales then provided a complete defence. 21st Jun 2019 Case Summary Reference this In-house law team Tags: UK Law. of areasonable man" (per Lord Dunedin in Fardon v.
The
two ways of putting it; for the degree of care to be exercised bythe
received no physical injury when the defendant's pair-horse
participant in the incident which gaverise to the action, and
see the collision but heard thenoise and was frightened thereby
The decided
that where the only injury complained of results from nervous
to Bourhill v. Young [1943] A.C. 97: "One finds
primarily at issue is whether in claims for damages dueto nervous
upheld this ground of appeal, but it was left
resulting from nervous shock. the foreseeability of the kind of damagefor which the defendant
applied to claimsfor such damages made by a plaintiff who was
ME is very hard to categorise as either psychiatric or physical in its nature. effective if it accepts that the result of being involved in
physicalinjury, then I would disagree. injury to the plaintiff was clearly foreseeable, although it didnot
psychiatric injury, therequirement of reasonable foreseeability
generallydepend on a normal standard of susceptibility.". emotionalinjury. 429. v. Downton [1897] 2 QB 57 the defendant informed theplaintiff
Ampol already controlled (with an associated company) 55% of the shares. will not be satisfied unlessinjury in that particular form,
no hesitation in adopting the approach of LordWilberforce (supra)
isforeseeability of injury by shock.". rejected any suggestion that theplaintiff is guilty of
106 C.L.R. The plaintiff
Contract – Mistake – Breach of Contract – buyer beware – Caveat Emptor. Made with favorite_border by Webstroke- © All rights reserved, A v Roman Catholic Diocese of Wellington [2008, New Zealand], A v Secretary of State for Home Affairs (No. Shesuffered
[1961] AC 388.This case, and the companion case of The
a car accident. She suffered no impact, butaccording
what must have been a frightening collisioninevitable. hemay advance a claim in respect of a recognised psychiatric
have foreseen those circumstances, including thatsome person in
E.R. Therefore, it did not have to be shown that nervous shock or psychiatric injury needed to be a foreseeable consequence of what happened - Mr Page only had to show that a personal injury (describing a broader type of damage) was a foreseeable consequence. I too would allow the. Onethought M.E. He was
The rule thata tortfeasor is entitled to
Street CJ in Eq said that the argument of the directors that the tanker purchase was the dominant purpose was ‘unreal and unconvincing’. 14 v Motor Accidents Insurance Bureau [2009, Australia], Calico Printers’ Association v Barclays Bank (1931), Caltex Oil Pty v The Dredge “WillemStad” [1976, Australia], Cambridge Water v Eastern Counties Leather [1994], Captial and Counties Plc v Hampshire County Council [1996], Car & Universal Finance v Caldwell [1965], Case 10/68 Società Eridania v Commission [1969], Case 11/70 Internationale Handelgesellschaft [1970], Case 112/84 Michel Humblot v Directeur des services fiscaux [1985], Case 13/83 Parliament v Council (Transport Policy) [1985], Case 148/77 Hansen v Hauptzollamt de Flensburg (Taxation of Spirits) [1978], Case 152/84 Marshall v Southampton Health Authority (Marshall I) [1986], Case 167/73 Commission v France (French Shipping Crews) [1974], Case 168/78 Commission v France (Tax on Spirits) [1980], Case 170/78 Commission v UK (Wine and Beer) [1980], Case 178/84 Commission v Germany (Beer Purity) [1987], Case 179/80 Roquette Frères v Council [1982], Case 261/81 Walter Rau Lebensmittelwerke v De Smedt PVBA [1982], Case 265/95 Commission v France (Spanish Strawberries) [1997], Case 283/81 CILFIT v Ministry of Health [1982], Case 36/80 Irish Creamery Association v Government of Ireland [1981], Case 7/68 Commission v Italy (Art Treasures) [1968], Case 70/86 Commission v UK (Dim-dip headlights) [1988], Case 98/86 Ministère public v Arthur Mathot [1987], Case C-11/82 Piraiki-Patraiki v Commission [1982], Case C-112/00 Schmidberger v Austria [2003], Case C-113/77 Japanese Ball Bearings [1979], Case C-131/12 Google right to be forgotten case [2014], Case C-132/88 Commission v Greece (Car Tax) [1990], Case C-152/88 Sofrimport v Commission [1990], Case C-181/91 Parliament v Council (Bangladesh Aid) [1993], Case C-188/89 Foster v British Gas [1990], Case C-194/94 CIA Security v Signalson [1996], Case C-2/90 Commission v Belgium (Belgian Waste) [1992], Case C-213/89 R v Secretary of State for Transport, ex p Factortame [1990], Case C-25/62 Plaumann v Commission [1963], Case C-27/04 Commission v Council (Excessive Deficit Procedure) [2004], Case C-300/89 Commission v Council (Titanium Dioxide) [1991], Case C-318/00 Bacardi-Martini v Newcastle United Football Club [2003], Case C-321/95 Greenpeace v Commission [1998], Case C-331/88 R v Minister of Agriculture, ex p Fedesa [1990], Case C-352/98 Bergaderm v Commission [2000], Case C-370/12 Pringle v Government of Ireland [2012], Case C-376/98 (Tobacco Advertising I) [2000], Case C-380/03 (Tobacco Advertising II) [2006], Case C-386/96 Dreyfus v Commission [1998], Case C-392/93 British Telecommunications plc [1996], Case C-41/74 Van Duyn v Home Office [1975], Case C-417/04 Regione Siciliana v Commission [2006], Case C-42/97 Parliament v Council (Linguistic Diversity) [1999], Case C-426/11 Alemo-Herron v Parkwood Leisure Ltd [2013], Case C-443/98 Unilever v Central Food [2000], Case C-470/03 AGM (Lifting Machines) [2007], Case C-486/01 Front National v European Parliament [2004], Case C-491/01 (BAT and Imperial Tobacco) [2002], Case C-506/08 Sweden v MyTravel Group and Commission [2011], Case C-57/89 Commission v Germany (Wild Birds) [1991], Case C-583/11 Inuit Tapitiit Kanatami v Parliament and Council [2013], Case C-62/00 Marks & Spencer v Commissioners of Customs and Excise [2002], Case C-84/94 UK v Council (Working Time Directive) [1996], Case T-526/10 Inuit Tapiriit Kanatami v Commission (Seal Products Case) [2013], Castorina v Chief Constable of Surrey [1988], Caswell v Dairy Produce Quota Tribunal [1990], Catholic Child Welfare Society v Various Claimants [2012], Central London Property Trust v High Trees House [1947], Cheltenham & Gloucester Building Society v Norgan [1996], Cheltenham & Gloucester Plc v Krausz [1997], Chevassus-Marche v Groupe Danone [2008, ECJ], Christmas v General Cleaning Contractors [1952], Chubb Fire Ltd v Vicar of Spalding [2010], Circle Freight International v Medeast Gold Exports [1988], City of London Building Society v Flegg [1988], Co-operative Insurance v Argyll Stores [1997], Cobbe v Yeoman’s Row Management Ltd [2008], Cole v South Tweed Heads Rugby League FC [1994, Australia], Colour Quest Ltd v Total Dominion UK Plc [2009], Cooke v Midland Great Western Railway of Ireland [1909], Cooper v Wandsworth Board of Works [1863], Corbett v Cumbria Cart Racing Club [2013], Corby Group Litigation Claimants v Corby Borough Council [2008], Couch v Branch Investments [1980, New Zealand], Council of Cvil Service Unions v Minister for the Civil Service (The GCHQ Case) [1985], Crest Nicholson Residential (South) Ltd v McAllister [2004], Crimmins v Stevedoring Industry Finance Company [1999, Australia], Crown River Services v Kimbolton Fireworks [1996], CTN Cash and Carry Ltd v Gallagher Ltd [1994], Cuckmere Brick Co v Mutual Finance [1971], Cunliffe-Owen v Teather and Greenwood [1967], Curtis v Chemical Cleaning & Dyeing Co [1951], Customs and Excise Commissioners v Barclays Bank Plc [2006], Daraydan Holidays v Solland International [2005], Darlington Borough Council v Wiltshier Northern [1995], Davis Contractors v Fareham Urban District Council [1956], Desmond v Chief Constable of Nottinghamshire Police [2011], Dimes v Grand Junction Canal Proprietors [1852], Doody v Secretary of State for the Home Department [1993], Dunlop Pneumatic Tyre Co v New Garage and Motor Co [1915], Edgeworth Construction Ltd v Lea [1976, Canada], Entores v Miles Far East Corporation [1955], Environment Agency v Empress Car Co [1999], Equal Opportunities Commission v Secretary of Sate for Employment [1994], Equity & Law Home Loans v Prestidge [1992], Erlanger v New Sombrero Phosphate Co [1878], Esso Petroleum v Customs and Excise Commissioners [1976], Fundamental rights and the European Union, Primacy and competence of the European Union, European Asian Bank v Punjab Sind Bank (No. 380 words (2 pages) Case Summary. heart. ME is very hard to categorise as either psychiatric or physical in its nature. The plaintiff now appeals to your
range ofindividuals whom it would be wrong to regard as having
the fact thatthe plaintiff suffered no physical injury. became more complicated. can be triggered by the trauma of an accident and thatnervous
mightbe reviewed before Her Majesty the Queen in Her Court
medical knowledge is expanding fast, and psychiatricknowledge
members of the public,M.E. account of what happened in order toapply the test of reasonable
in Bourhill v. Young because it was held that the
383,
The first guideline is this: the question'whether there is duty
there
The case concerns foreseeability of psychiatric damage and creates an important distinction between primary and secondary victims in the English law of negligence relating to the recovery of such damage. of a primary victim is it appropriate to ask whether heis a
happenedsuffer nervous shock leading to an identifiable illness. therefore,liability was to be established, it could only be on
Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help you with your studies. 410-411, he referred to those who areinvolved
It was argued
But when once this
canreasonably foresee that his conduct will expose the plaintiff
for shock. the Lords Spiritual andTemporal in the Court of Parliament of Her
It is not
damage was tooremote, is indefensible. Because medical science has sofar been
and I have no doubt that he did suffer nervous shock in the
was referred to with approval in the following passage inthe
were claimed. whilethe area of risk of emotional injury may extend to y yards.". place foreseeability of injury is necessary to determinewhether a
As Lord Bridge of Harwich,
that the nervousshock caused her to give birth prematurely i.e. fearfor her own safety. bedismissed. Get 1 point on adding a valid citation to this judgment. Browne-WilkinsonLord Lloyd of Berwick. is instructive.After referring to
limitations upon the ordinary test of reasonableforeseeability in
doubtful whether the case wouldever have reached the Court of
Page v Smith [1995] UKHL 7 is a decision of the House of Lords. It
action for nervous shock depends onforeseeability of harm 'of
inlater cases. in the event occur, the judge did not consider, as a separate
Die Jovis 11° Mail 1995. Facts. The decision was overturned by thePrivy
I agree that it is not
take a simple example suppose A while slowly reversing hiscar
onforeseeability of injury by shock, as distinct from the
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