wilkinson

Question 1

The Rule in Wilkinson v Downton

Wilkinson v Downton

Answer 1

D will be liable for any wilful act calculated to cause physical harm to C.

• liable when you give false information knowing its untrue and would cause physical damage.
• include verbal, intentional’ indirect infliction.

case fact:
- D played prank on C claiming husband injured - caused C to have nervous shock.

Question 2

The Rule in Wilkinson v Downton

Janvier v Sweeney

Bush

Wong

Wainwright

Answer 2

Janvier:
- C nervous shock after learning she was accused of working as a German spy.

Bush: Injunction on this for Ex making threaten calls

Wong: rule doesn’t apply where work mates as unfriendly and rude.

wainwright: prison officer conduct strip search, C claimed PTSD but failed because officer was doing him job but sloppy with it.

Question 3

The Rule in Wilkinson v Downton

O v Rhodes

Answer 3

3 elements to wilkinson

1. Conduct: words/action no reasonable justification for
2. mental: prove intent. 1. wilfully interred to cause injury.2. deliberately acting in way that could cause harm.
3. consequence: C has to have suffered physical/psychiatric harm.

case facts: D wanted to write memoir, C was son, mum claimed it would cause him psyc harm.