Nervous shock, as a type of psychiatric damage, is dealt with under the rubric of tort law. Establishing liability for negligently inflicted nervous shock is an intricate task, not least because of the many policy considerations that may impose control mechanisms on the award of damages. To be capable of compensation, a nervous shock claim must fulfil certain criteria, the clarity and preciseness of which leaves much to be desired. In this article the legal systems of four European countries, viz. England, the Netherlands, Germany and France, as they relate to nervous shock liability under tort law are compared and contrasted.
European Review of Private Law