“Court establishes tort for intentionally causing harm through false statements”
The defendant falsely told Mrs Wilkinson that her husband had been seriously injured in an accident and that she should bring pillows and blankets to collect him. This false statement, made as a practical joke, caused Mrs Wilkinson severe shock resulting in physical illness and nervous disorder.
Whether a defendant can be liable in tort for intentionally making false statements that cause physical harm to the plaintiff, absent any direct physical contact or existing legal relationship.
The defendant was liable for the physical harm caused to the plaintiff by his intentional false statement, even though there was no direct physical contact.
This case established the rule in Wilkinson v Downton, creating liability for intentional infliction of harm through conduct falling outside traditional tort categories. It has been influential in developing the law of intentional torts and harassment.
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OSCOLA Citation
Wilkinson v Downton [1897] 2 QB 57
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