New South Wales Consolidated Acts
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CIVIL LIABILITY ACT 2002 - SECT 32
Mental harm-duty of care
32 Mental harm-duty of care
(1) A person (
"the defendant" ) does not owe a duty of care to another person (
"the plaintiff" ) to take care not to cause the plaintiff mental harm unless
the defendant ought to have foreseen that a person of normal fortitude might,
in the circumstances of the case, suffer a recognised psychiatric illness if
reasonable care were not taken.
(2) For the purposes of the application of
this section in respect of pure mental harm, the circumstances of the case
include the following:
(a) whether or not the mental harm was suffered as the
result of a sudden shock,
(b) whether the plaintiff witnessed, at the scene,
a person being killed, injured or put in peril,
(c) the nature of the
relationship between the plaintiff and any person killed, injured or put in
(d) whether or not there was a pre-existing relationship between
the plaintiff and the defendant.
(3) For the purposes of the application of
this section in respect of consequential mental harm, the circumstances of the
case include the personal injury suffered by the plaintiff.
(4) This section
does not require the court to disregard what the defendant knew or ought to
have known about the fortitude of the plaintiff.
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