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Created by 119.241.251.55 on 19 October 2009, at 01:13



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Bourhill v Young
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Court House of lords
Date decided 05 August 1942
Citation(s) [1943] AC 92
Keywords
Remoteness of damage
[1943] AC 42. A woman sufferedpsychiatric injury (which would have been called 'nervous shock' at the time of the case) from witnessing an accident in which the negligent rider of a motorcycle was killed. She sued his estate in Negligence, averring that a motorist has aduty of care to avoid exposing bystanders to the horrors of a fatal accident. The House of lords held that a motorist has a right to expect that bystanders are people of reasonable fortitude, and will be able to cope with the ordinary day-to-day horrors of the road. This does not preclude the possibility of recovering compensation for witnessing extraordinarily horrific events, but even then it will be difficult (see alcock v ccsouth yorkshire police (1991)).
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