Intentional Infliction of Harm (not trespass).

Question 1

What is the rule in (Wilkinson v Downton) concerned with, and what are the fats of the case briefly?

Answer 1

It concerns the intentional, indirect, infliction of harm. Facts: Defendant told someone falsely that her husband was involved in a traffic accident. She fell ill and sued.

Question 2

What are the elements of intentional infliction of harm?

Answer 2

1) intentional infliction of harm; 2) conduct which there is no justification or excuse; 3) intention to cause severe distress; 4) recognized physical or mental harm.

Question 3

This is a case that illustrates a failed attempt at using the tort of intentional infliction of harm. Concerns a musician with a mentally disabled child. Give facts briefly.

Answer 3

(Rhodes v OPO). Facts: musician wanted to write about his childhood even-though he knew that it might hurt his son. Mother sues unsuccessfully.

Question 4

What is the main question to ask when it comes to applying the Protection from Harassment Act 1997? What case illustrates this?

Answer 4

Is the conduct of such gravity as to justify the sanctions of the criminal law? (Conn v Sunderland City Council).

Question 5

Is malice an element of harassment? Can it help the case? What case illustrates this?

Answer 5

It isn’t an element but it can help the case (Veaking v Kier Islington Ltd).

Question 6

Can a company be liable for harassment? Can it claim harassment? What case illustrates this?

Answer 6

It can be liable but cannot claim (Ferguson v British Gas Trading Ltd).

Question 7

Can small harassment accumulate to liability? What case illustrates this?

Answer 7

Yes (Iqbal v Dean Manson).