Psychiatric injury tort essays

This chapter does not apply to policemen or firemen in municipal corporations where the injured policemen or firemen are eligible to participate in any policemen's or firemen's pension funds established and maintained by a municipal corporation, unless the amount of the pension funds provided by the municipal corporation through taxation and paid to the policemen or firemen is less than they would have received if the municipal corporation had no pension fund. In such event policemen and firemen shall receive the regular state compensation for policemen and firemen in municipal corporations where no pension funds have been created, less the sum received by the policemen or firemen from the pension funds provided by the municipal corporation through taxation. The sum paid from the pension fund shall be certified to the bureau of workers' compensation by the treasurer or other officer controlling the pension fund.

Lord Ackner : .. While it may be very difficult to envisage a case of a stranger, who is not actively and foreseeably involved in a disaster or its aftermath, other than in the role of rescuer, suffering shock-induced psychiatric injury by the mere observation of apprehended or actual injury of a third person in circumstances that could be considered reasonably foreseeable, I see no reason in principle why he should not, if in the circumstances, a reasonably strong-nerved person would have been so shocked. In the course of argument your Lordships were given, by way of an example, that of a petrol tanker careering out of control into a school in session and bursting into flames. I would not be prepared to rule out a potential claim by a passer-by so shocked by the scene as to suffer psychiatric illness...

While negligence actions set a general groundwork, many further fields of tort have developed their own identity or, where judicial decision-making was seen as insufficient by Parliament, through statutory reform. Major statutory torts concern food safety, health and safety and environmental law. For example, liability under the Nuclear Installations Act 1965, the Merchant Shipping Act 1995, or liability imposed on utility (gas and electricity) companies to ensure the safety of their products, all of which are strict liability. [12] While a statute has said nothing specific, a tortious duty may have arisen. This will be a question of statutory interpretation (. Stovin v Wise [1996] AC 923).

Mark Lunney re-joined UNE School of Law in July 2012. He trained as a solicitor in Brisbane before obtaining an LLM from the University of Cambridge. Between 1991-2003 he was lecturer, senior lecturer and reader at the School of Law, King's College London. He was an Associate Professor in the School of Law at UNE between 2003-2011 and from 2011-2012 he was Professor and Director of Research in the ANU College of Law. His research interests are the law of tort, and the history of the common law and legal profession, and he has published extensively on the law of torts in both Australia and the United Kingdom (see' ., Barker, Cane, Lunney & Trindade, The Law of Torts in Australia (5th edn, 2012) and Lunney & Oliphant, Tort Law: Text and Materials (5th edn, 2013).

Psychiatric injury tort essays

psychiatric injury tort essays

Mark Lunney re-joined UNE School of Law in July 2012. He trained as a solicitor in Brisbane before obtaining an LLM from the University of Cambridge. Between 1991-2003 he was lecturer, senior lecturer and reader at the School of Law, King's College London. He was an Associate Professor in the School of Law at UNE between 2003-2011 and from 2011-2012 he was Professor and Director of Research in the ANU College of Law. His research interests are the law of tort, and the history of the common law and legal profession, and he has published extensively on the law of torts in both Australia and the United Kingdom (see' ., Barker, Cane, Lunney & Trindade, The Law of Torts in Australia (5th edn, 2012) and Lunney & Oliphant, Tort Law: Text and Materials (5th edn, 2013).

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