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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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Causing Psychiatric and Emotional Harm - Reshaping the Boundaries of Legal Liability (Hardcover)
Loot Price: R2,397
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Causing Psychiatric and Emotional Harm - Reshaping the Boundaries of Legal Liability (Hardcover)
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Though mental harm can be profoundly disabling, the law imposes
strict limits on who can recover damages for it. In the absence of
physical injury, compensation is not normally available for
negligently caused mental suffering, however severe, unless it
constitutes a 'recognisable psychiatric illness'. Claimants whose
mental trauma stems from injury caused to someone else are subject
to arbitrary restrictive liability rules that dispense with
established legal principles and cannot be reconciled with
scientific advances. The book traces the history of civil liability
for mental harm up to the present day. It is argued that the
reluctance to provide redress reflects an enduring suspicion of
intangible injury and undue fear of proliferating claims. The scale
and legal ramifications of the Hillsborough disaster; the emergence
of claims arising from work-related stress, and other new
categories of claims based mainly on prior relationships between
the parties, have all added to a 'floodgates fear' that has
intensified due to popular perceptions of a 'compensation culture'.
The book contrasts the limited scope for liability under English
law with developments in several other jurisdictions. It is argued
that statutory reform is needed to achieve greater legal coherence
and to provide a remedy that tracks the impact and severity of harm
and is not confined to psychiatric disorders. A new legal framework
is offered, rooted in reasonable foreseeability of mental or
emotional harm, with a liability threshold of 'moderate severity'.
To allay concerns about proliferating claims, modifications to the
compensatory regime for personal injury are proposed.
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