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Wilkinson v Downton, [1897] 2 Q.B. 57


D told P a joke that her husband was smashed up with 2 broken legs. This was fake and had a violent shock on Ps nervous system, for weeks. She had no pre-disposition to nervous shock


Can P recover for nervous shock?


You can recover for nervous shock even if no physical injury was suffered


A person who makes a false statement intended to be acted on must make good the damage naturally resulting from its being acted on.
Here D did intend to do something to cause harm to P:
1. D acted voluntarily
2. D intended to produce harm
3. P must have experiences demonstrable damage
4. P is not particularly susceptible to harm


Judgment for P


  1. eliocx 1

    Ah, good ol’ reliable Wilkinson v Downton.

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