... current law finds itself in. Historically Chamallas and Kerber2 argue that the reason why the law has been so reluctant to compensate psychiatric illness is because it was regarded as emotional harm which was caused by the victims "pre existing susceptibility"3. Since women were more likely to be prone to the frustrations and stresses that led to such conditions, be it at home or in the workplace, it was seen as a feminine condition which were in contrast to the more masculine characteristics of courage and fortitude. This view has been discredited by the more modern case law as claims for psychiatric illness have been brought by men and women alike although it does give us an insight as to one of the possible reasons for the reluctance by judges to allow compensation for a form of weakness rather than actual injury. The main two opposing views as to whether compensation should be ...

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