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Tort
Psychiatric Harm
Level 1: Recognition · Question 1 of 2
Which statement best captures the principle established in Page v Smith [1996] AC 155 regarding a primary victim of negligence?
A.
Where the claimant was within the range of reasonably foreseeable physical injury, the defendant may be liable for the psychiatric injury actually suffered even though psychiatric injury as such was not foreseeable, provided some personal injury was foreseeable.
B.
A primary victim may recover only if a person of ordinary fortitude and customary phlegm would have suffered psychiatric injury in the same circumstances.
C.
A primary victim must additionally establish a close tie of love and affection with the person imperilled.
D.
A primary victim can recover only where a recognised psychiatric illness results from witnessing injury or peril to another person.