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In other cases, such as psychiatric injury, it can be harder to prove that there is a duty of care from the defendant and other factors have to be taken into account such as reasonable foreseeability.
In referral to damages, they are not recoverable when there has been an actual shock or distress caused by the defendant. However, the defendant is liable when the action has triggered an illness or condition e.g. heart attack. Recently, there have been claims concerning psychiatric conditions like PTSD (Post-traumatic Stress Disorder).
An example of nervous hock caused by an accident was the case of Dulieu v White (1901)...
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