Intentional Infliction of Nervous Shock CASES

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Wilkinson v Downton [1897] EWHC 1

A man falsely told a woman her husband was badly injured in a practical joke. She suffered severe nervous shock and physical illness as a result. The court found she had a valid claim, establishing that intentionally causing nervous shock that leads to physical harm is an actionable tort. Facts The defendant, Mr Downton, as a practical joke, told the plaintiff, Mrs Wilkinson, that her husband had been seriously injured in an accident. He informed her that her husband, Thomas Wilkinson, was lying at The Elms public-house in Leytonstone with both his legs broken and that she should go to