... collision; and Brutus Toh, who was in no danger of any physical injury, witnessed the accident, became hysterical and now suffers from depression. A duty of care is an objective duty. In law, Julius as a driver owed a duty of care. In the case of Nevtleshit v Weston 1971, the judge stated that driver owes a duty of care to foreseeable road users. And it must also be considered that could a reasonable man in the defendant's position have reasonably foreseen that by his actions the plaintiff might be injured. In the case of Bourhill v Young 1943, a pregnant woman suffered a miscarriage after the shock of hearing a fatal motorcycle accident occurring 50 yards away from her. It was held that the motorcyclist was not liable, since he could not reasonably foresee the likelihood of harm to the plaintiff. After considering the duty of care, the breach of ...

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