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Questions and Answers
What is the primary subject of the article?
What was the original cause of action established in Wilkinson v Downton?
The intentional infliction upon C of physical injury, or emotional distress giving rise to a recognized psychiatric injury, caused by D’s statements and conduct.
What does the author argue regarding the Wilkinson Tort?
The tort should be reformed to better address cases of intentional infliction of emotional distress through contemporary means.
The current Wilkinson Tort has been successful in many cases since its inception.
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What key change does the author propose to the Wilkinson Tort?
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What are the keywords associated with this article?
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The intentional infliction upon C of physical injury, or serious emotional distress, is caused by D’s ________ directed to C.
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Study Notes
The Tort of Wilkinson v Downton
- The tort of Wilkinson v Downton is a cause of action in English tort law for intentional infliction of emotional distress.
- It was established in 1897 in the case of Wilkinson v Downton.
- The tort has been rarely successful and is considered "peculiar."
Modernizing the Tort of Wilkinson v Downton
- The author argues for a reform and modernization of the tort to better protect victims of intentional emotional distress.
- The proposed "Revised Wilkinson Tort" aims to compensate claimants for serious emotional distress caused by intentional statements directed at them, even without a recognized psychiatric injury.
- This reform is intended to address the gap in tort law that currently fails to protect individuals from intentional wrongdoing that causes serious emotional distress.
Intent Element
- The reform focuses on the intent element by requiring that the defendant must have intended to cause harm to the claimant with their statements.
- The author contends that this strengthens the tort and aligns it with modern societal conditions where intentional, harmful communication is prevalent.
The Current Wilkinson Tort
- The current tort requires a recognized psychiatric injury for a successful claim.
- This has limited its effectiveness, leading to a lack of successful cases despite the potential for wider application.
Societal Context
- The author highlights the need for a modern tort for intentional emotional distress, especially given the rise of online communication and social media platforms.
- The "Revised Wilkinson Tort" would better address the potential for harm caused by statements disseminated via these avenues.
The Need for Reform
- The tort is considered obscure and has been criticized for being "peculiar."
- The author highlights the lack of usage and effectiveness of the current tort.
- The "Revised Wilkinson Tort" is proposed as a solution to alleviate the aforementioned issues.
Conclusion
- The article concludes with a call for legislative or judicial reform of the tort of Wilkinson v Downton.
- The author believes that the proposed "Revised Wilkinson Tort" is necessary to protect individuals from intentional harm and to better reflect societal conditions in the modern era.
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Description
Test your knowledge on the tort of Wilkinson v Downton and the proposed reforms to modernize it. Explore the intricacies of intentional infliction of emotional distress and the significance of the intent element in such cases. This quiz covers both historical context and contemporary proposals for change.
