AQA A-Level Law 7162
The Nature of Law
The European Union and English Law
Legal Personnel and the Judiciary
Access to Justice and Funding
Parliamentary Law Making
Delegated Legislation
Statutory Interpretation
Judicial Precedent
Law Reform
The Civil Courts and Dispute Resolution
The Criminal Courts and Sentencing
Lay People: Magistrates and Juries
Criminal Law: Rules and Theory
General Elements of Liability
Fatal Offences Against the Person
Non-Fatal Offences Against the Person
Property Offences
Preliminary Offences
Criminal Defences
Tort: Rules and Theory
Negligence
Occupiers' Liability
Nuisance and Rylands v Fletcher
Vicarious Liability
Tort: Defences and Remedies
Contract: Rules and TheoryContract
Formation of a ContractContract
Contract TermsContract
Vitiating FactorsContract
Discharge of a ContractContract
Contract: RemediesContract
Human Rights: Rules and TheoryHuman rights
Human Rights in International and UK LawHuman rights
The European Convention ArticlesHuman rights
Restrictions and EnforcementHuman rights
Reform of Human Rights LawHuman rights
Negligence
Psychiatric Injury: Primary and Secondary Victims
- 3 things to know
- Paper 2
Overview
Recall questions on what a primary victim must show, what Page v Smith established and the Alcock control mechanisms for secondary victims.
What you need to know
Answer each one before you reveal it.
What does the Alcock control mechanism require regarding the secondary victim's location relative to the accident?
What policy factor relating to evidence restricts liability for psychiatric injury?
Questions from this subtopic
Each one with the model answer underneath.
- 1
What does psychiatric injury mean in the context of negligence claims?
Model answer
A medically recognised psychiatric illness, not mere grief, distress or emotional upset.
- 2
How is a primary victim defined in psychiatric injury claims?
Model answer
Someone who was within the zone of physical danger created by the defendant's negligence or who reasonably believed themselves to be.
- 3
How is a secondary victim defined in psychiatric injury claims?
Model answer
Someone who suffers psychiatric injury as a result of witnessing injury or danger to another person caused by the defendant's negligence.
- 4
What must a primary victim establish to recover for psychiatric injury?
Model answer
That physical injury was foreseeable; they do not need to prove that psychiatric injury itself was foreseeable.
- 5
What did Page v Smith establish about primary victims and psychiatric injury?
Model answer
That a primary victim can recover for psychiatric injury if physical injury was foreseeable, even if no physical injury actually occurred.
- 6
What must secondary victims satisfy to establish a duty of care for psychiatric injury?
Model answer
The Alcock control mechanisms.
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