Page v Smith [1995]

Facts

  •  The claimant’s car was crashed into by the defendant and was damaged
  • Although the defendant was no physically injured, the accident bought back from remission the claimant’s Chronic Fatigue Syndrome (CFS)
  • The claimant could therefore never work again

Issue

  •  Could the claimant recover for such extreme and unforeseeable (by the defendant) mental injury

Decision

  •  Recovery allowed

Reasoning

  • Provided personal injury was foreseeable, whether physical or mental, there was no need to establish that the resulting injury is foreseeable
  • As the claimant was at risk of physical injury at the time (today a primary victim), recovery was allowed
  • The defendant must take the claimant as they find them, in this case with CFS

Citation

[1996] 1 AC 155

RELATED CASE  Hambrook v Stokes Bros [1925]

Posted in Tort Law Revision Notes.

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