Tort - Negligence (defences)

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…V SMITH [1995] The House of Lords held that in claims for nervous shock, It is necessary to distinguish between primary and secondary victims. Where the P is a primary victim, personal injury of some kind must be foreseeable, but it is not necessary to show that injury by shock was foreseeable. Where the plaintiff is a secondary victim the defendant will not be liable unless psychiatric injury is foreseeable in a person of normal fortitude.