Alvin, the Teacher in Charge of the Canoe Team of Queen School: Law Assignment, SUSS, Singapore

Scenario: 

Alvin, the teacher in charge of the canoe team of Queen School took 5 students to Kallang river for canoe practice on a rainy day. Minah was in a canoe that was led by Shankar the team captain. The other canoe was led by Alvin and another student, Nancy. Two other students, Lee and Balu stood on the shore while two canoes went off towards the river. As Shankar’s canoe reached a dangerous section of the river, he lost control of his pedals and rhythm. He was unable to stop the canoe and was hit by a raging current.

The canoe capsized and both Shankar and Minah were thrown overboard. Alvin and Nancy kept a hold on to their canoes and were attempting to reach the shore as they were concerned about their life. Meanwhile, both Lee and Balu saw the capsizing of the canoe. Lee tried to help but could not go to assist as the current was so strong. He was afraid of being carried down by the raging current. Lee watched Minah struggling and drowning. Balu, on the other hand, started recording the entire scene on his handphone.

He sent the video recording immediately to Nancy’s mother’s handphone. Nancy’s mother saw the video and thought that her daughter had drowned in the incident and suffered a psychiatric injury (nervous shock). Lee who was on the shore also suffered psychiatric injury as he witnessed the death of his classmate.

(a) Discuss if Nancy’s mother can bring an action for recovery for psychiatric injury (nervous shock)?

(b) Explain if Alvin or Queen School may be liable in negligence to any party?