- Join over 1.2 million students every month
- Accelerate your learning by 29%
- Unlimited access from just £6.99 per month
Even after judicial attempts to clarify the principles governing liability for psychiatric harmloose ends remain. (Street on Torts) Discuss.
The first 200 words of this essay...
'Even after judicial attempts to clarify the principles governing liability for psychiatric harm...loose ends remain.' (Street on Torts) Discuss.
The principle governing the liability for psychiatric harm has attracted many criticisms. It's 'somewhat arbitrary distinction(s)'1, and mismatch between medical knowledge and legal principles2 have justified judicial, legislative and academic calls for reform. Despite these attempts, many loose ends remain. This essay will begin by briefly explaining the rules and principles that govern liability for psychiatric harm as established in Alcock v Chief Constable of South Yorkshire3. Through examining the development of case law, it will be shown that there has been a general judicial hesitance in limiting their judicial discretion and providing definitive answers in order to ensure fairness and limit floodgates. By stressing criticisms offered in the Law Commission Report, by academics and imaginary 'hard' cases, it will be argued that although the judiciary had not succeeded in clarifying the principles governing liability for psychiatric harm in a coherent and morally defensible manner, it has succeed in clarifying their stance on psychiatric claims through their insistence of wide principles in order to maintain control over the wide-ranging circumstances in which psychiatric claims arise.
Found what you're looking for?
- Start learning 29% faster today
- Over 150,000 essays available
- Just £6.99 a month
Not the one? We have 100's more
Tort Law (view all)
- Tort Essay.
- Consider the relationship between the torts of private nuisa...
- 'The existence of a duty of care is ultimately a question of...
- Problem question on Occupiers liability Act 1957
- Torts - Trespass to Land and Person
- Tort Law Essay . The purpose of this essay will be to advise...
- Tort Coursework Cases -traffic accident and medical cases
- Discuss the justification for vicarious liability and whethe...
- Tort Law Case. It could be argued that in fact both Northwo...
- LLB CASE ANALYSIS (Law of Contract and Law of Tort)
""Jacqueline. Modern Studies and English. GCSE Student
""Sabrina, Washington. IB English, History, Chemistry, Anthropology.