Intentional Infliction Of Harm By Indirect Means

Question 1

What were the 3 elements that arose from Wilkinson v Downton?

Answer 1

Conduct
Mental
Consequence

Question 2

What case used the WvD case and was successful?

Answer 2

Janvier v sweeney

Question 3

What happened in janvier v sweeney?

Answer 3

Sweeney and a third party used false statements and threats to try obtain letters from Janvier, a maid

Question 4

Janvier v sweeney ruling

Answer 4

There was direct conduct

Mental harm was caused and consequences were foreseeable

Consequences were a direct result of the defendants actions and course of conduct

DAMAGES

Question 5

Case where W v D principle was used to demonstrate how it WASNT intentional infliction of harm by …

Answer 5

Rhodes vs OPO

Question 6

Rhodes case summary

Answer 6

Ex wife trying to prevent ex husbands book being published to protect her son

Question 7

Rhodes court summary

Answer 7

No conduct

• book going to be published to wider audience
• justification for publication, allowed to tell story

Mental
- NO intent to cause harm to claim ain’t

Consequence
- nec consequence was physical harm or psychiatric injury

Question 8

Wainwright v Home office facts

Answer 8

mrs W and her son strip searched by prison officers

Tried to claim based on W v D approach

Question 9

What did Lord Hoffman say in Wainright vs HO

Answer 9

That people constantly do things intending to cause distress to others and it shouldn’t always be settled by litigation.

Worried about floodgates