JAENSCH V. COFFEY (FORESIGHT, PROXIMITY AND POLICY IN THE DUTY OF CARE FOR NERVOUS SHOCK)

  • D. Gardiner

Abstract

On 20 August 1984, the High Court handed down its decision in Jaensch v. Coffey. To the extent that the history of this area of the law dealing with nervous shock has been described as 'involving the progressive dismantling of arbitrary barriers', the decision itself reflects a predictable abandonment of yet another of those barriers. However, there is some suggestion in the reasoning of some of the Justices for new guidance in understanding the framework of the duty of care not just in respect of the question where to draw the line with nervous shock, but in respect of other duty problem areas. The principal function of this note is to assess the efficacy of the suggested new guidance.
Published
Dec 1, 1985
How to Cite
GARDINER, D.. JAENSCH V. COFFEY (FORESIGHT, PROXIMITY AND POLICY IN THE DUTY OF CARE FOR NERVOUS SHOCK). QUT Law Review, [S.l.], v. 1, n. 1, p. 69-78, dec. 1985. ISSN 2201-7275. Available at: <https://lr.law.qut.edu.au/article/view/241>. Date accessed: 01 feb. 2021. doi: https://doi.org/10.5204/qutlr.v1i1.241.
Section
Articles - General Issue
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