Wilkinson v Downton
A person who wilfully does an act calculated to cause physical harm to another, including psychiatric illness, is liable if harm results.
Facts
Mr Downton, as a practical joke, told Mrs Wilkinson that her husband had been seriously injured in an accident and that both his legs had been broken, and that she should go to fetch him. This was untrue. Mrs Wilkinson suffered a violent shock to her nervous system, causing vomiting and other serious physical consequences, which incapacitated her for weeks. She sued Mr Downton.
Legal principle
Wright J held that Mr Downton was liable. He said that the defendant had wilfully done an act calculated to cause physical harm to the claimant, that is to say, to infringe her legal right to personal safety, and had in fact thereby caused physical harm to her. That proposition, without more, appears to state a good cause of action, there being no justification alleged for the act. The tort was later restated by the Supreme Court in Rhodes v OPO.
Related cases on trespass to the person
- Austin v Commissioner of Police of the Metropolis [2009] UKHL 5, [2009] 1 AC 564
- Bird v Jones (1845) 7 QB 742
- Collins v Wilcock [1984] 1 WLR 1172
- F v West Berkshire Health Authority (Re F (Mental Patient: Sterilisation)) [1990] 2 AC 1
- Herd v Weardale Steel, Coal and Coke Co Ltd [1915] AC 67
- Letang v Cooper [1965] 1 QB 232
- Meering v Grahame-White Aviation Co Ltd (1919) 122 LT 44
- Murray v Ministry of Defence [1988] 1 WLR 692
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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
