Mary is a single mom and she has two children. Tim, seven-year-old, and Susan, five-year-old.

Mary is a single mom and she has two children. Tim, seven-year-old, and Susan, five-year-old.

Mary had to spend most of her time on taking care of Tim and could not give much attention to Susan. One night, Susan was sexually harassed by Rob when she was playing alone in a public playground. Susan suffered posttraumatic stress disorder (PTSD) as a result. Rob was convicted of a sexual crime and sentenced to imprisonment six years ago. He was on parole when he sexually harassed Susan. It was found that the Release under Supervision Board of the Government had errored in deciding to early release him under the Release under Supervision Scheme.  

Advise Susan whether she has any claims in tort against the Government (Release under Supervision Board of the Government)? 

Note and Reference: Consider duty of care, psychiatric illness, breach of duty,  causation (factual + legal), remoteness and defences to negligence. Whether Susan is considered a primary or secondary victim? Whether Susan can successfully claim for negligence of psychiatric illness from the government’s negligence?

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