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| Facts | |
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| Contentions | |
| Law Points | |
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| Ratio Decidendi & Case Authority |
Full Case Details
Facts
- Soon after having parted with her children in a narrow street, a lady saw a lorry violently running down the steep and narrow street.
- She was frightened about the safely of her children. When told by some bystander that a child answering the description of one of her children had been injured, she suffered nervous shock which resulted in her death.
- In an action against the defendants, who had negligently left the lorry unattended there, they were held liable even though the lady suffering the nervous shock was not herself within the area of physical injury
- His wife died as the result of nervous shock caused by the negligence of the defendant’s servant.
- Primary victim
- Secondary victim – Hambrook
Principles
NERVOUS SHOCK
- Dulieu V. White & sons [(1901) 2 KB 669]
- Kennedy J
- The shock where it operates through the mind , must be shock which arises from a reasonable fear of immediate injury to oneself.
- Kennedy J
- Plaintiff contention
- Breach of duty − not able to take reasonable care
- Breach of care
- Negligent in act
- Question
- Whether only immediate injury can be contented or for injury to bystander, he is liable ?
- Court – upheld the decision that bystander also has to the effect
- Grey hair case -Wilkinson v Downton [1897] 2 QB 57
- Mr. Downton approached Mrs. Wilkinson and told her, falsely, that her husband had been seriously injured in an accident
- Mrs. Wilkinson was a violent shock to her nervous system, causing her to vomit and for her hair to turn white and other more serious and permanent physical consequences which at one time threatened her reason, and entailing weeks of suffering and incapacity to her as well as expense to her husband for medical treatment first recognized the tort of intentional infliction of mental shock.
