AustLII Tasmanian Consolidated Acts

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CIVIL LIABILITY ACT 2002 - SECT 34

Mental harm – duty of care

(1)  A person ( "the defendant" ) does not owe a duty to another person ( "the plaintiff" ) to take care not to cause the plaintiff mental harm unless a reasonable person in the position of the defendant ought to have foreseen that a person of normal fortitude might, in the circumstances of the case, suffer a recognised psychiatric illness if reasonable care were not taken.
(2)  For the purpose of the application of this section in respect of pure mental harm, the circumstances of the case include the following:
(a) whether or not the mental harm was suffered as the result of a sudden shock;
(b) whether or not there was a pre-existing relationship between the plaintiff and the defendant.
(3)  For the purpose of the application of this section in respect of consequential mental harm, the circumstances of the case include the nature and extent of personal injury suffered by the plaintiff.
(4)  This section does not require the court to disregard what the defendant knew or ought to have known about the fortitude of the plaintiff.



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