A Remedy for Nervous Shock or Psychiatric Harm - Who Pays?

Abstract

This article attempt to look at what precisely "nervous shock" means. It describes how liability in negligence law for "nervous shock" is circumscribed by scientific, policy and forensic constraints within the confines of torts and contracts law. It then focusses on the requirements grounding liability of defendants in this area of the law and relates them to the nature and strategy of defences available in actions of this nature by potential litigants. An examination is then made of the remedies available for negligently-caused psychiatric harm that would usually take the form of damages.

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