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An assessment of competing policy considerations in cases of psychiatric injury resulting from negligence

Butler, Desmond A. (2002) An assessment of competing policy considerations in cases of psychiatric injury resulting from negligence. Torts Law Journal, 10(1), pp. 13-40.

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Abstract

Since liability for psychiatric injury was first recognised, it has been evident that the extent of recovery has been shaped by considerations of 'policy', in the sense of societal concerns external to the demands of the case at hand. Some of these considerations may be explained in terms of outdated understandings concerning the relevant damage, while others may be regarded as being of continued significance. This article seeks to examine policy considerations which have been asserted as being relevant to the question of the appropriate extent of liability for psychiatric injury, and seeks to determine their continued legitimacy against the standard of modern knowledge and understandings in psychiatric medicine.

Impact and interest:

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ID Code: 18404
Item Type: Journal Article
Keywords: negligence, psychiatric injury, nervous shock
ISSN: 1038-5967
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Tort Law (180126)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Law and Justice Research Centre
Current > Schools > School of Law
Copyright Owner: Copyright 2002 LexisNexis
Copyright Statement: Reproduced in accordance with the copyright policy of the publisher.
Deposited On: 02 Mar 2009 09:27
Last Modified: 17 Sep 2010 11:19

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