Beruflich Dokumente
Kultur Dokumente
1. Plaintiff must meet the ordinary requirements for a claim in negligence that is
duty, breach and damage as in Donoghue v Stevenson. There must be a
presence of duty of care by the defendant towards the plaintiff. As the conduct of
the defendant can directly affect the plaintiff, it is safe to say that the plaintiff is
the neighbour of the defendant. In this problem _________________________
__________________________________________________________________________________
___________________________________________. ( tambah duty, breach, causation,
damage)
&
application
if
it
was
__________________________________________________________________________________
_____________________________________________________________________.
secondary victim and the victim of the accident. The authority in this test is
McLouglin v OBrian and Alcock v Chief Constable of South Yorkshire. Since
_______ did not fulfil the familial test, however she needs to fulfil the exception
test which she needs to witness an extremely horrifying accident. In this
problem,_______________.
___________ fulfil this test as she fulfil the extremely
horrifying accident.
5. Proximity in terms of time and space or also known as temporal test. In this
test the plaintiff must show that he was at the scene of the time or in the vicinity
of the accident or have come across the immediate aftermath of the accident. In
McLoughlin v O Brian the court held that the plaintiff came upon the immediate
aftermath of the accident when she arrived at the hospital within two hours and
saw her family still covered in blood ad dust. However in Alcock v Chief
Constable of South Yorkshire, the court held that identification of bodies at
mortuary eight hours after the accident did not constitute as immediate
aftermath. ____________ failed/fulfilled this test as she was (neither/ or is) at the
scene of accident or/nor in the vicinity of the accident.
6. Direct perception test or spatial test. The rule is that the plaintiff must learn of
the accident with her own unaided senses. In Alcock v Chief Constable of South
Yorkshire it was held that knowing the accident while watching live or recorded
broadcast or radio is being inform of the accident by a third party. In that
situation the plaintiff would not have learn of the accident with her own eyes and
ears. ______ failed/ fulfilled this test as she knew of the accident with/without her
own eyes and ears. Applying the Alcock _________ did not/ did learn of the
accident with her own unaided senses.
In conclusion, only________ has fulfilled all the elements relevant to him/her. Thus
____ can claim damages for ___ psychiatric illness. The defendant will not be
liable for the psychiatric illness suffered by ______ as they not fulfil some of the
elements of psychiatric illness.