ISSUE

1. WHETHER TEE POO IS

LIABLE
TO
MINAH
FOR
CAUSING
NERVOUS
SHOCK
UNDER THE PRINCIPLE OF
WILKINSON
V
DOWNTON?
(INTENTIONAL HARM)

LIABILITY UNDER THE PRINCIPLE IN

WILKINSON V DOWNTON
The Defendant (D) had jokingly told the plantiif (P) that her husband had
broken both legs as a result of an accident. The P believe the D and
suffered nervous shock on hearing the news
Held : The D liable as he had intentionally done an act that was calculated to
cause harm to the P and the harm had in fact occurred when P suffered
nervous shock. The principle in Wilkinson V Downton had stated that there
must be an act not a mere omission that must be willfully done and it
calculated to cause some harm which in the end the actual damage must
occur or in other word the actual damages did occur.

1ST ELEMENT:AN ACT AND NOT A MERE

OMISSION
Based on this case, Tee Poo telephoned to his
close friend, Minah and told her that her
husband had been injured in a road accident
while he was driving up to Genting Highlands.
This is consider as an act which fulfills the
first element.

2ND ELEMEN:THIS ACT MUST BE WILFULLY

DONE IN THAT IT IS DELIBRATED
Although Tee Poo acknowledge that he is
making a false statement, but he continue
to told Minah bout the statement.
This act had shown that Tee Poo done it
wilfully for the purpose of joking and the
story was untrue.

3RD ELEMEN: THIS ACT IS CALCULATED TO

CAUSE SOME HARM
In this case the Defendant is a close friend to Plaintiff
So,from the point of view of a reasonable man,the P
would definitely believe what the D said.
A reasonable women would surely be shocked if she
found out her husband is involved in an accident as
the news was told by her close friend.
Therefore the third element is fulfil.

4TH ELEMENT: ACTUAL DAMAGE MUST

OCCUR
After Minah know that her husband injured in accident
from Tee Poo, she was stricken with such fear that she
suffered nervous shock which had unbalanced her and
made her ill.
From here, the actual damage that occur is she suffered
nervous shock which had unbalanced her and made her
ill.
Hence, the 4th element is fulfilled

CONCLUSION
Tee Poo has the liability under the principle
in Wilkinson V Downton. He had intentionally
done an act that cause harm to Minah. The
nervous shock which hads act. unbalanced
Minah and made her ill was a direct
consequence of the act that Tee Poo done.

QUESTION B
THIS ACT IS CALCULATED TO CAUSE SOME HARM
Although Minah knew that Tee Poo was a notorious
joker, but she wont expect Tee Poo would made a
joke about something serious.
Minah wont take the risk of not believing that some
bad things that had happened to her husband.
Thus, a reasonable person will surely be shocked if
she found out her husband is involved in a accident.