- Gifford’s father was involved in a horrible work accident resulting in his death
- The children never saw his body or the accident, but upon learning the news, suffered nervous shock
- Could they claim in negligence for nervous shock?
- Yes, because Tame & Annetts had done away with the “direct perception” element
- The employer had such control over the working conditions as for it to be reasonably foreseeable
- Children are particularly vulnerable
- The preexisting relationship between employer, employee and employee’s children satisfied the test
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