Law of Delict [Negligence, Damages & Personal Injury] Case Study

Legal Precedent (i.e Excerpts from Case Law and Legislation)
Mngomezulu v Min – Law&Order ’14 Damages Emo Shock

Damages – effect of emptional shock: Sorrow does not sound in damages. A plaintiff in an action of negligence cannot recover damages for a ‘shock’, however grievous, which was no more than an immediate emotional response to a distressing experience sudden, severe and saddening. It is, however, today a known medical fact that severe emotional distress can be the starting point of a lasting disorder of mind or body, some form of psychoneurosis or a psychosomatic illness. For that, if it be the result of a tortious act, damages may be had.

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