Page v Smith, Facts, Decison, Issue, Summary

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This case concerns of psychiatric injury in tort law

Facts of Page v smith

The case involves a car crash of moderate severity. The cliamnat was driving on the road very calmly when the defendant, who was coming from the opposite direction, suddenly and without warning came into his path. And hence both of the cars collided. The accident caused severe damage to the cars both no damage was suffered by the defendant and the claimant.

However after three hours the claimant felt exhausted and went to his bed to take some rest. As the time passed his exhaustion became more severe and he never fully recovered. As it was diagonosed that the claimant suffered from a condition known as Myalgic Encephalomyelitis (ME) .

As the accident triggered his ME so he could not return to his job and he was awarded an amount of 160,000 pounds.

But after that the defendant appealed to the Court of Appeal (COA) by saying that it had not been reasonably foreseeable that a person of normal fortitude would have suffered psychiatric injury.

Issue:

The judges had to decide whether, in such a case the foreseeability of physical injury is enough to enable the claimant to recover the damages for nervous shock

Decision:

The House of Lords gave the decision in the favour of the claimant by saying that the defendant must take the victim as he finds him