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The ambit of liability for negligently caused mental harm -finding the balance

Katter, Norman A. (2004) The ambit of liability for negligently caused mental harm -finding the balance. University of Notre Dame Australia Law Review, 6, pp. 63-78.

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Abstract

The High Court of Australia in Tame v New South Wales; Annetts v Australian Stations Pty Limited and affirmed in Gifford v Strang Patrick Stevedoring Pty Ltd , has restated the common law of Australia for negligently inflicted mental harm. These common law initiatives have been largely adopted in statutory form in some Australian States in civil liability statutes which follow the recommendations of the Ipp Report on negligence law.

These common law and statutory initiatives seek to strike a balance between an appropriate limitation on potential claimants for negligently inflicted psychiatric illness and the recovery of damages in clear and obvious situations of mental harm arising from the close or special relationship or circumstances of the defendant tortfeasor, victim and plaintiff. These initiatives have also removed from this area of the law some policy-driven control mechanisms whose application as pre-conditions to recovery have produced illogical and unjust results.

Impact and interest:

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ID Code: 5214
Item Type: Journal Article
Additional Information: Access to the author manuscript version is currently restricted pending permission from the publisher. For more information, please refer to the journal’s website (link above) or contact the author : n.katter@qut.edu.au
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Keywords: Mental Harm, Negligence, Tort, Liability, Nervous Shock
ISSN: 1441-9769
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Tort Law (180126)
Divisions: Current > QUT Faculties and Divisions > QUT Business School
Copyright Owner: Copyright 2004 College of Law, University of Notre Dame Australia
Deposited On: 13 Oct 2006
Last Modified: 05 Jan 2011 23:28

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