Janvier v Sweeney

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Janvier v Sweeney
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Court Court of Appeal of England and Wales
Decided1919
Citation2 KB 316

Janvier v Sweeney [1919] 2 KB 316 is a decision by the English Court of Appeal which held that the defendant was liable for illness resulting from nervous shock caused by false words and threats. [1] [2]

Contents

Facts

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.[ citation needed ]

Judgment

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.[ citation needed ]

See also

References

  1. "False Statements: Resulting Nervous Shock: Liability for". Michigan Law Review. 18 (4): 332–334. February 1920. JSTOR   1277746.
  2. Trindade, F. A. (1986). "The Intentional Infliction of Purely Mental Distress". Oxford Journal of Legal Studies. 6 (2): 219–231. JSTOR   764204.