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The similarities between English law and the proposals in the Restatement (Third) of Torts regarding liability for psychiatric damages. It references various cases and books dealing with the subject and provides insights into the evolution of the law in England regarding recovery for psychiatric illness. The document also touches upon the reasonable foreseeability requirement and the potential impact of the Restatement (Third) on English law.
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H ARM § 46 (Tentative Draft No. 5, 2007).
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although one that I endorse if necessary, is not, I think, particularly happy. Rothwell , [2008] A.C. at 315.
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the judge under the Supreme Court decision in Daubert v. Merrill Dow Pharmaceuticals , 509 U.S. 579, 593 (1993), needs to be borne in mind. Furthermore, in the Reporters’ Note to section 45, which deals with intentional infliction of emotional disturbance, it is stated that “[t]he court... plays a more substantial screening role on the questions of extreme and outrageous conduct and the severity of the harm... than on other questions of fact.” R ESTATEMENT (T HIRD ) OF T ORTS : L IAB. FOR P HYSICAL & E MOTIONAL H ARM § 45 reporters’ note cmt. f (Tentative Draft No. 5, 2007).