Wilkinson v Downton

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Wilkinson v Downton [1897] 2 Q.B. 57, is a famous tort law decision from England where the Common Law first created the tort of intentional infliction of mental shock.

[edit] Background

Thomas Wilkinson was the landlord of the Albion public house in Limehouse. A regular customer of the public house named Downton decided to play a practical joke on Wilkinson's wife. When Mr. Wilkinson went to see the races in Harlow, he left his wife to manage the house. Downton approached Mrs. Wilkinson and told her that her husband had been seriously injured in an accident and had asked that she bring him some pillows to help carry him home. Mrs. Wilkinson went to where Downton had directed her but could not find her husband. The Wilkinsons soon found that they had been fooled.

The shock of the news, however, was so traumatic to Mrs. Wilkinson that it turned her hair white and she became severely ill. Mrs Wilkinson sued on an action on the case.

[edit] Opinion of the Court

Mr Justice Wright held that Mrs Wilkinson had a valid claim for the intentional infliction of mental shock. Wright J observed that since there was no physical touching there could be no grounds for a claim in battery, and as Mrs Wilkinson did not apprehend any immediate physical violence, no claim would lie in common law assault. He gave three requirements for an action in mental shock. First, there must be conduct that is outrageous or extreme. Second, there must be acutal or constructive intent to cause psychological harm. Third, the victim must suffer from acutal harm resulting from the defendant's conduct.