Sunday, September 27, 2015

In Wilkinson v Downton (1897) how much did the plaintiff get from her 100 pound claim?

You could answer this is a couple of different ways.  You
could say she got all 100 pounds or you could say she got a little bit
more.


Mrs. Wilkinson's claim was for 100 pounds in damages
for the mental distress that was inflicted on her by Downton's lie about Mr. Wilkinson. 
The jury awarded this entire sum to her.  In his opinion, Mr. Justice Wright held that
the intentional infliction of emotional torment was indeed a tort.  He therefore upheld
the entire 100 pound claim.


In addition, though, Wright
held that Downton was liable for Mrs. Wilkinson's train fare to and from the place where
she thought her husband was injured.  This amounted to a further 1 shilling 10.5
pence.


Therefore, the entire sum due to Mrs. Wilkinson was
100 pounds, 1s 10.5d.

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