This article is not intended to be a ‘textbook’ coverage of psychiatric harm but it does focus on the main rules and principles of the topic to assist students in preparing for their examinations. Looking at comments made by examiners on student responses to tort problemsolving questions, it becomes clear that a sound understanding of the key issues featured in this article should assist your exam preparation for this topic and help you to avoid unnecessary errors.
The first problem that examiners have identified is that answers rarely make a link between the rules of the tort of negligence and this topic. Psychiatric harm is not a separate tort action but an extension of the law of negligence. Therefore, sound answers in this topic must initially deal with the basic issues of negligence liability:
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