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A man and a woman who had never met each other were at a swimming pool. The man had a lesson from a qualified instructor but due to the negligence of the instructor the man struggled in the deep end of the pool and drowned. The woman saw the entire incident and developed traumatic neurosis as a result.
Can the woman recover damages against the instructor for the traumatic neurosis?
A. Yes, because the instructor breached the duty of care he owed to the man and his negligence caused the woman loss.
B. Yes, because the instructor breached the duty of care which he owed to the woman and his negligence caused her loss.
C. Yes, because the woman is suffering from a medically recognised condition.
D. No, because the instructor did not owe the woman a duty of care.
E. No, because the woman’s loss is too remote.
D - No, because the instructor did not owe the woman a duty of care.
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Find out what happens after passing the SQE and admission to the roll of solicitors.