Page v Smith [1996] 1 AC 155

Facts:

  • C was involved in a motor accident, due to the D’s negligence.
  • D suffered a recurrence of M.E.

 Issue:

  • Whether it is necessary to establish that this particular type of harm was a foreseeable consequence of the defendant’s negligence, or whether it would suffice merely that some form of compensable harm was foreseeable?


 Ratio:
  • It was held that a duty was owed to him in respect of psychological injury.
  • C was a primary victim due to the fact that he was in the range of possible physical injury, and therefore the Alcock criteria did not apply.

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