74Limitation on recovery of damages for consequential mental harm

74 Limitation on recovery of damages for consequential mental harm (1) A person (the **plaintiff**) is not entitled to recover damages from another person (the **defendant**) for consequential mental harm unless— (a) the defendant foresaw or ought to have foreseen that a person of normal fortitude might, in the circumstances of the case, suffer a recognised psychiatric illness if reasonable care were not taken; or (b) the defendant knew, or ought to have known, that the plaintiff is a person of less than normal fortitude and foresaw or ought to have foreseen that the plaintiff might, in the circumstances of the case, suffer a recognised psychiatric illness if reasonable care were not taken. (2) For the purposes of the application of this section, the circumstances of the case include the injury to the plaintiff out of which the mental harm arose. S. 75 inserted by No. 102/2003 s. 3.