Reference no: EM133264186

Assignment:

Case Scenario Mischa, Ned, Olson and Petra all work together at 'Tyres R Us', a tyre making factory. Last July, all four were working in the factory, when a fire broke out due to negligently installed cables by an employee. The fire spread quickly through the factory and reached the office that Mischa and Ned were working in. Mischa was able to escape through a nearby fire exit and was unharmed, but Ned suffered second-degree burns while making his escape. Olson was returning from buying a sandwich when he saw plumes of smoke leaving Mischa and Ned's office. Olson who had been Mischa's boyfriend for 9 months was very worried for both her and Ned's safety. When Olsen saw Maria run out of the fire exit covered in ash and coughing, he was very shocked. Petra reached the fire assembly point safely. She realised that Renu, an employee who had restricted mobility, was not present. Petra revisited the factory and was able to rescue Renu. Petra did not suffer any physical injury in the process. Mischa, Ned and Petra have all been diagnosed with post-traumatic stress disorder (PTSD). Olsen has been suffering from terrible nightmares since the fire.

(a) What must be demonstrated for a claimant to be owed a duty of care as a primary victim of psychiatric injury.

(b) Is Ned will be considered a primary victim.

(c) Is Mischa will be considered a primary.

(d) Is Olson will be considered a primary victim.