Wilkinson v Downton Rule

What is the Wilkinson v Downton rule?

The Wilkinson v Downton rule is a legal principle in Common Law jurisdictions, including England and Wales, that deals with the intentional infliction of emotional distress or mental shock.

Key Elements:

To establish a claim under the Wilkinson v Downton rule, the following elements must be proven:

• The defendant's conduct was intentional or reckless
• The defendant's conduct was extreme and outrageous
• The plaintiff suffered severe emotional distress or mental shock
• The defendant's conduct was the direct cause of the plaintiff's emotional distress or mental shock

Notable Case:

The rule is derived from the 1897 English case of Wilkinson v Downton, where a defendant falsely informed a woman that her husband had been seriously injured in an accident. The woman suffered a nervous shock, which led to serious health problems.

Key Principles:

• The rule is an exception to the general rule that emotional distress or mental shock is not a compensable injury
• The defendant's conduct must be extreme and outrageous, going beyond mere negligence or recklessness
• The plaintiff must have suffered severe emotional distress or mental shock, which can be evidenced by physical symptoms or medical treatment

Significance:

The Wilkinson v Downton rule provides a basis for plaintiffs to claim damages for intentional infliction of emotional distress or mental shock, holding defendants accountable for their outrageous and extreme conduct.

Wilkinson v Downton Rule

• Legal principle in Common Law jurisdictions, including England and Wales, dealing with intentional infliction of emotional distress or mental shock

Key Elements

• Defendant's conduct was intentional or reckless
• Defendant's conduct was extreme and outrageous
• Plaintiff suffered severe emotional distress or mental shock
• Defendant's conduct was the direct cause of plaintiff's emotional distress or mental shock

Notable Case: Wilkinson v Downton

• 1897 English case where defendant falsely informed woman that her husband was seriously injured in accident
• Woman suffered nervous shock, leading to serious health problems

Key Principles

• Exception to the general rule that emotional distress or mental shock is not a compensable injury
• Defendant's conduct must be extreme and outrageous, going beyond mere negligence or recklessness
• Plaintiff must have suffered severe emotional distress or mental shock, evidenced by physical symptoms or medical treatment

Significance

• Provides basis for plaintiffs to claim damages for intentional infliction of emotional distress or mental shock
• Holds defendants accountable for their outrageous and extreme conduct