Wilkinson v Downton (1897)

Law of Torts · Negligence

Facts.

The defendant, by way of a practical joke, falsely told the plaintiff that her husband had been badly injured in an accident and was lying at a public house with both legs broken. The shock caused her serious and lasting illness.

Issue.

Is a person liable for physical harm caused by a wilful false statement, where no physical impact and no negligence is alleged?

Held.

Yes. Wright J held that the defendant had wilfully done an act calculated to cause physical harm, infringing the plaintiff’s right to personal safety, and had in fact caused such harm. Intention was imputed from the nature of the statement.

Why it matters.

It is the foundation of liability for intentionally inflicted psychiatric harm, and it is the direct answer to the practical-joke problems set in 2015, 2017 and 2025.

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