Janvier v Sweeney
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| Janvier v Sweeney | |
|---|---|
| Court | Court of Appeal of England and Wales |
| Decided | 1919 |
| Citation | 2 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]
Facts
[edit]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
[edit]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
[edit]References
[edit]- ^ "False Statements: Resulting Nervous Shock: Liability for". Michigan Law Review. 18 (4): 332–334. February 1920. JSTOR 1277746.
- ^ Trindade, F. A. (1986). "The Intentional Infliction of Purely Mental Distress". Oxford Journal of Legal Studies. 6 (2): 219–231. JSTOR 764204.