Wilkinson v Downton tort

Question 1

What does the tort concern?

Answer 1

-the wilful infringement of the right to personal safety

Question 2

Wilkinson v Downton (1897)

Answer 2

• W (c) at home when D knocked on her door and told her her husband was injured in accident
• D told W husband broke both his legs
• W was shocked and became ill, suffered permanent physical consequences
• D was playing a prank
• he intended her to believe it for his own entertainment
• D found lieable to pay cost of train fair and compensation for nervous shock
• D’s appeals denied
• According to L Wright D committed a wilful and intentional act and it was calculated to cause physical harm and it because it was wilfully causing an injury, motives did not matter

Question 3

Janvier v Sweeney, 1919 (first case involving this tort)

Answer 3

• C was french woman, companion to wealthy woman and to be engaged to german
• C’s german fiance was detained as prisoner of war
• Ds were two private detectives investigating fiance and were tryign to get the letters he sent to the wealthy woman
• they lied to her and said they were investigating her for talking to a german spy (lie)
• Ds caused her distress in severe and lasting nervous shock
• judge held D’s words were intended to cause injur to C which they did
• judge ruled in favour of C and awarded damages
• CA rejected D’s appeal that W&D doesn’t apply
• CA held there was “an intention to terrify the plaintiff” to get the letters
• W&D applied

Question 4

Most important factor for the tort to be appliacable (Wainright v Home office, 2003)

Answer 4

D must actually have acted with intention to cause the harm and C must have a recognised psychiatric illness

Question 5

OPO v Rhodes (application of W&D)

Answer 5

• publication of autobiographical novel that detailed sexual/physical abuse, suicide, mental health and addiction (graphically explained)
• 11 yr old son had developmental issues that could be worsened if he were exposed to the book
• ex wife tried to prevent publishing of book based on Wilkinson
• three essential elements needed to make a claim established: conduct, intention and consequence
• all three need to be established for claim to work
• courts concluded it was clear there was no conduct element, was not aimed at his son especially at his young age and father promised to do his best to keep son away from book
• SC held the claim would fail because of this

Question 6

C v WH (2015)

Answer 6

• C was a student at school for special needs and was vulnerable
• D teacher groomed her over time
• various forms of sexual abuse took place
• abuse came to light and C’s mental health issues increased and she attempted suicide
• claim brought under OPO for intentional infliction of indirect harm
• D’s conduct clearly directed towards C and was unjustifiable
• C suffered recognised psychiatric illness
• D had implied intent because he knew that these types of relationships ( he was 39 yrs older) have damaging consequences