Wilkinson v Downton [1897]

Facts

  •  A patron of Mr WIlkinson’s pub falsely informed Mrs WIlkinson that Mr Wilkinson had suffered severe physcial injury, and that see should go and see him immediately
  • Mrs Wilkinson suffered severe mental injury as a result of this news

Issue

  •  Could there be recovery for intentionally inflicted mental injury?

Decision

  •  Yes, recovery allowed

Reasoning

  •  Although the law on battery and assault did not apply, the tort of intentional infliction of mental shock was established with 3 conditions which must be satisfied
  1. There must be extreme conduct
  2. The must be an intent to cause psychological harm
  3. Mental injury must result from the conduct
RELATED CASE  The Arpod [1934]

Posted in Tort Law Revision Notes.

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