 |
| Janvier v Sweeney | |
|---|---|
 | |
| Court | Court of Appeal of England and Wales |
| Decided | 1919 |
| Citation(s) | 2 KB 316 |
Janvier v Sweeney [1919] 2 KB 316 is a decision by the English Court of Appeal dealing with liability for nervous shock caused by an intentional act.
| |
| Janvier v Sweeney | |
|---|---|
| | |
| Court | Court of Appeal of England and Wales |
| Decided | 1919 |
| Citation(s) | 2 KB 316 |
Janvier v Sweeney [1919] 2 KB 316 is a decision by the English Court of Appeal dealing with liability for nervous shock caused by an intentional act.
A private detective told a woman that he was a police detective and that she was wanted for communicating with a German spy. He did this in order to obtain certain information about her employer. The woman suffered shock and nervous illness as a result of this statement.
Applying the rule in Wilkinson v. Downton , the court ruled that the detective was liable for the nervous shock to the plaintiff, who had an even stronger case than in Wilkinson v Downton, since there was a clear intention to frighten the victim in order to unlawfully obtain information.
John Doe (male) and Jane Doe (female) are multiple-use placeholder names that are used in the United States and the United Kingdom when the true name of a person is unknown or is being intentionally concealed. In the context of law enforcement in the United States, such names are often used to refer to a corpse whose identity is unknown or cannot be confirmed. These names are also often used to refer to a hypothetical "everyman" in other contexts, in a manner similar to John Q. Public or "Joe Public". There are many variants to the above names, including John/Jane Roe, John/Jane Smith, John/Jane Bloggs, and Johnie/Janie Doe or just Baby Doe for children.
A private investigator, a private detective, or inquiry agent is a person who can be hired by individuals or groups to undertake investigatory law services. Private investigators often work for attorneys in civil and criminal cases.
A detective is an investigator, usually a member of a law enforcement agency. They often collect information to solve crimes by talking to witnesses and informants, collecting physical evidence, or searching records in databases. This leads them to arrest criminals and enable them to be convicted in court. A detective may work for the police or privately.
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In English law, a nervous shock is a psychiatric / mental illness or injury inflicted upon a person by intentional or negligent actions or omissions of another. Often it is a psychiatric disorder triggered by witnessing an accident, for example an injury caused to one's parents or spouse. Although the term "nervous shock" has been described as "inaccurate" and "misleading", it continues to be applied as a useful abbreviation for a complex concept. The possibility of recovering damages for nervous shock, particularly caused by negligence, is strongly limited in English law.
Wilkinson v Downton[1897] EWHC 1 (QB), [1897] 2 QB 57 is an English tort law decision in which the Common Law first recognised the tort of intentional infliction of mental shock. At the time, this was not covered under the law of negligence.
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Alcock v Chief Constable of South Yorkshire Police[1991] UKHL 5, [1992] 1 AC 310 is a leading English tort law case on liability for nervous shock. The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster.
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Attorney General v Blake[2000] UKHL 45, [2001] 1 AC 268 is a leading English contract law case on damages for breach of contract. It established that in some circumstances, where ordinary remedies are inadequate, restitutionary damages may be awarded.
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