Wilkinson V Downton

Question 1

Wilkinson v Downton (1897)

Answer 1

Facts- V suffered shock when D told her that her husband had been seriously injured in an accident- but it wasn’t true

Principle- no action in trespass possible as no direct harm- but the court accepted a form of tortious liability for intentionally causing harm indirectly

Question 2

Wilkinson v Downton

Answer 2

Where the court held that it was acceptable to create a form of liability where trespass would not normally be available because of the requirement of directnes

Question 3

Janvier v Sweeney (1919)

Answer 3

Facts- Two private detectives depressed as police officers extracted information from a maid about her master
Mental injury resulted
damages be awarded under Wilkinson v Downton?
Decision

Yes
Reasoning

Intentional infliction of damage