Law of tort essay Example | Topics and Well Written Essays - 1500 words

Law of tort - Essay Example In the case of Alcock v Chief Constable of South Yorkshire Police2 the Court considered the various kinds of relationships which would qualify as close ties, and parent/child relationships and family ties including the spouse relationship were deemed to be strong enough to establish the close nature of the ties. By applying the (a) requirement, it may be noted that Roger, Thomas and Nicolas will have a claim on the basis of close ties to the victim. However, on the basis of criterion (b) it may be noted that Roger and Nicholas were not actually present at the site of the accident and neither had directly witnessed the accident. Therefore, they may not be eligible for recoveries. But Thomas will be entitled to claim damages on the basis of both proximity to the incident and the fact that the injured person is a loved one. Moreover, he would also be classified as a rescuer according to Chadwick v BRB3 and the Court has clearly stated in this case that rescuers who suffer psychiatric damages as a result of their rescue efforts will be eligible for recoveries. This was also upheld on appeal in the case of McLoughlin v O Brien4 that rescuers suffering from psychiatric illness will be eligible for damages. There is a strong case in Thomas’ favor in that he was directly at the site, the injured one was his own brother and the psychiatric illness he is suffering from now is directly attributable to the injury. The only factor that could possibly limit his recoveries to some extent could be the time that has passed since the accident, however if his anxiety attacks have commenced immediately after the accident and are continuing to date, he will certainly be eligible to make a claim. In the case of Roger and Nicholas, it is unlikely that Nicholas can make a claim at all, in spite of the fact that his son was severely injured. For one thing, he was not in close proximity to the incident, he did not witness it at all and he was told about