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    ‘Corrective Justice and the Law Relating to Damages for Negligently Inflicted Psychiatric Injury: A Principled Explanation for the “Close and Loving Relationship” Consideration’

    80611.pdf (183.6Kb)
    Access Status
    Open access
    Authors
    Allcock, Martin
    Date
    2020
    Type
    Journal Article
    
    Metadata
    Show full item record
    Citation
    Allcock, M. 2020. ‘Corrective Justice and the Law Relating to Damages for Negligently Inflicted Psychiatric Injury: A Principled Explanation for the “Close and Loving Relationship” Consideration’. Journal of Law and Medicine. 27: pp. 985-1007.
    Source Title
    Journal of Law and Medicine
    ISSN
    1320-159X
    Faculty
    Faculty of Business and Law
    School
    Curtin Law School
    Remarks

    This article was first published by Thomson Reuters in the Journal of Law and Medicine and should be cited as "Allcock, M. ‘Corrective Justice and the Law Relating to Damages for Negligently Inflicted Psychiatric Injury: A Principled Explanation for the “Close and Loving Relationship” Consideration’, 2020, 27, JLM, 985."

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    This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to Thomson Reuters (Professional) Australia Limited. PO Box 3502, Rozelle NSW 2039. legal.thomsonreuters.com.au

    URI
    http://hdl.handle.net/20.500.11937/80589
    Collection
    • Curtin Research Publications
    Abstract

    The duty of care in cases of negligently inflicted psychiatric injury has long been limited using a number of mechanisms, all with the intention of ensuring that the ambit of liability remains within manageable bounds. These limiting mechanisms, now known in Australia as “considerations” relevant to an overriding test of reasonable foreseeability, have commonly been criticised as lacking in principled foundations, leading to a number of calls for their abandonment. This article extends these arguments, contending that the court’s consideration of whether the plaintiff and a person seriously injured or killed were in a close and loving relationship can also be understood on normative grounds. In particular, the court’s consideration of this factor can be regarded as principled from the perspective of Aristotelian corrective justice.

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