July 1, 2024
DU LLBLaw of TortsSemester 1

Dulieu V White (1901) 2 KB 669

Facts

  • The claimant, a pregnant lady, was working at a bar, when a horse and cart was negligently driven into the public−house by the defendant stopping just short of her.
  • This incident sent her into a severe state of shock and triggered the premature birth of her child.

Principles

Kennedy J

  • The Court held that Dulieu could recover damages from White and sons for her state of shock.
  • The shock where it operates through the mind , must be shock which arises from a reasonable fear of immediate injury to oneself.

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