FavoriteLoadingSave to briefcase | Rating: | By (2012)

  • PrintEmail Link
  • Viewed 3,580 times | Saved to 81 briefcases
Wilkinson v Downton, [1897] 2 Q.B. 57

Facts:

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

Issue(s):

Can P recover for nervous shock?

Ratio:

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

Analysis:

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

Holding:

Judgment for P


Discussion

  1. eliocx 1

    Ah, good ol’ reliable Wilkinson v Downton.

Leave a Comment

You must be logged in to participate.

This document is a general discussion of certain legal and related issues and must not be relied upon as legal advice. This document may not have been written or reviewed by a legal practitioner. For more information, please see the website Terms of Service.