This a problem question on issues relating to psychiatric injury: At the Wessex Recreational Ground a travelling funfair has been constructed to celebrate May Bank Holiday. During the day the roller coaster ride comes off its tracks and crashes into an adjacent ‘Donut’ stand, injuring Jane, Pete and Gillian. An investigation into the crash has determined that the owner of the funfair, Wessex Fun-for-U, failed to make the appropriate safety and maintenance checks recommended by the relevant Trade Body. Geoff is the owner of the ‘Donut’ stand who suffers a nervous breakdown when he sees the extent of the damage to his property, the only source of his income. Jane is Gillian’s sister. Gillian had been seriously injured and had been taken straight to hospital. Janet heard about the disaster from the local radio and drove straight to the hospital. After making enquiries she is told Gillian is in intensive care. After a 3 hour emergency operation Gillian dies. Janet is taken to view the body and subsequently suffers a serious nervous disorder. Harry was at the funfair and on hearing about the crash ran to the scene of the accident and helped drag Peter from the debris. Later on reflecting on the disaster he suffers from clinical depression. Alf is Jane’s Father, who already suffers from a form of mental illness. He was watching the local live TV report of the incident and saw his daughter on a stretcher waiting to be airlifted to hospital. The sudden shock caused him to suffer an extreme version of his illness. Advise Geoff, Jane, Harry and Alf whether Wessex Fun-for-U owes them a duty of care. LEARNING OUTCOMES BEING ASSESSED This task is assessing the following module learning outcomes, and you must therefore demonstrate achievement of these learning outcomes to be awarded a pass mark: Demonstrate a knowledge and an understanding in relation to pure psychiatric harm in the law of tort Locate and extract legal information from a wide range of primary and secondary sources to include key cases relevant to pure psychiatric harm Make reasoned judgements based on an informed understanding of legal principles in relation to pure psychiatric harm in the law of torts Demonstrate the ability to critically evaluate legal principles in relation to pure psychiatric harm in the law of torts The maximum number of words permitted for this assignment is: 1,000 WORDS – excluding footnotes, appendices and the source list/bibliography. Remember – you are required to include a word count at the end of your submission. The penalty for non-compliance with a word range is set out in your course handbook.

DUTY OF CARE AND PSYCHIATRIC INJURY
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