Criteria for compensable damages caused by psychological injuries in Iran and English Law

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Amiri Ahmad; Badini Hasan; Mobayen Hojjat

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Journal Paper

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Journal: Private Law Year:2021 | Volume:18 | Issue:2 Page(s): 343-370

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Information Journal Paper

Title

Criteria for compensable damages caused by psychological injuries in Iran and English Law

Author(s)

Amiri Ahmad | Badini Hasan | Mobayen Hojjat | Issue Writer Certificate

Keywords

civil liability

Psychological Injury

Primary Victims

secondary victims

Abstract

In Iran law, civil liability and compensation for damages caused by psychological injuries have received less attention due to their intangibility. But, in English law, damages resulting from psychological injuries to primary and secondary victims are deemed to be claimable under certain conditions. In this article, in an analytical method and in comparison, with English law, we seek to find the answer to the question of what criteria for damages caused by mental injuries can be claimed. In English law with stress on an objective criterion, on Primary Victims, places more emphasis on "the existence of a rational relationship between psychological damage and the risk created" and in some cases "the predictability of the risk" and the existence of a "reasonable fear in the claimant" is also considered a condition. Criteria for "predictability", "intimacy", "proximity" and "suddenness" have also been suggested for secondary victims. In Iran jurisprudence and law, the main criterion for determining compensable damage is the mixed criterion means "the ability to predict the loss according to the specific situation of the injured party", which also emphasizes the "seriousness and continuity of the loss" and "the existence of a strong emotional relationship".

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