Intentional Torts: Wilkinson v Downton

Question 1

What year was the case of Wilkinson v Downton?

Answer 1

1894

Question 2

What modern adaptation of the tort can show different intentional harm in tort?

Answer 2

Rhodes v O (2015)

Question 3

What year did Rhodes v O happen in?

Answer 3

2015

Question 4

What happened in Wilkinson v Downton?

Answer 4

• D made a joke to the wife in a pub that her husband was suffering a serious injury
• She suffered nervous shock as a result

Question 5

Elements

Answer 5

• Conduct that is outrages or extreme
• Actual or constructive intent to cause physiological harm
• C must suffer from actual harm resulting from the defendants conduct

Question 6

What did Justice Wright recognise?

Answer 6

• The defendant has wilfully done an act calculated to cause physical harm to the claimant and has in face cured physical harm to her
• Therefore, it occurs

Question 7

What in Janvier v Sweeney (1919) did this forsee?

Answer 7

that there are limitations on its use and that only recognised conditions (psychiatric illnesses and physical illnesses can be seen) to amount to such

Question 8

What happened in Rhodes v OPO?

Answer 8

• Musicians ex wife, brings a suit for intentional infliction of emotional distress on behalf of their learning disabled son
• Graphic and descriptive content was used and caused harm to the son in later life (he would know)
• Was afraid that it would have a detrimental impact on their childs welfare

Question 9

What did the Court of Appeal reverse?

Answer 9

The court of appeal revered the supreme court decision that publication would not be allowed, ‘genuine intentional to cause distress’ was not seen.
Furthermore, the idea of free speech and expression was really needed and that it was important. To not allow free speech would have been awful for the Rhodes freedom of speech

Question 10

In the Judgement of Neuberger, what was his overriding opinion?

Answer 10

• Boundaries for the tort must be narrow; but drawing particular effect to the important of freedom of expression
• clearly as possible in order to give legal certainty
• case by case basis

Question 11

What elements are losely pointed out?

Answer 11

• ‘the conduct element’; direction towards the claimant without real justification
• ‘The mental element’ need not intend to cause psychological harm which has resulted
• ‘the consequence element’ was accepted by the parties that physical damage or recognised psychiatric illness was required