Bourhill v Young (1943) is a famous case in tort law that explores the duty of care and psychiatric harm. It involves a pregnant woman who suffered shock after witnessing the aftermath of a motorcycle accident. The court ruled no liability as the harm was unforeseeable.
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🏛️ Court: House of Lords (Scotland) 🗓️ Judgment Date: 5 August 1942 🗂️ Where Reported: [1943] A.C. 92; [1942] 2 All E.R. 396 📍 Jurisdiction: United Kingdom
Foreseeability of Harm: The court established that for a defendant to be held liable, the harm caused must be reasonably foreseeable. Since the motorcyclist couldn't have predicted that his actions would affect the claimant, he was not found liable for her psychological injury.
