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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
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