Tort Law

Mount Isa Mines Ltd v Pusey [1970] HCA 60

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Facts
  • a man was injured in an explosion
  • Another employee viewed it
  • Later become mentally ill
  • Brought an action in negligence
Issue
  • Was the employer liable?
Held
  • No, it was not foreseeable
  • Was there a real risk a foreseeable accident would occur, causing an injury, and thus mental injury
  • Cannot recover for what is a normal emotional response
  • Can recover even when there is no ‘affection’

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