1. Law of Tort Tutorial Question 1 (Week 5) Poon Tak Sin, Judy 50313589 Mok Shun Wah, Arthur 50340360

2. Intentional Physical Harm Other than Trespass to the Person

3. Intentional Physical Harm other than Trespass to the Person ESSENTIAL ELEMENTS: D: Intention -- cause emotional distress P: Physical Harm -- caused by emotional distress Physical harm to P is an Indirect result from D’s act Intention to produce harm may be imputed D plays joke to P P is frightened P falls down – gets hurt

4. Tutorial Question Patrick – practical joker Simon – fear of ghosts Patrick  white bed sheet / tree rattling sounds Simon  nervous shock / heart attack

5. ISSUE: Can Simon sue Patrick? Can he sue under Trespass to the person? under Intentional Physical Harm other than Trespass to the person?

6. Wilkinson v Downton A practical joke D falsely informed P Violent nervous shock + weeks of sufferings D was liable in an action on the case for damages for intentional acts and statements which are intended to cause damage and which in fact cause damage to P

7. Rule in Wilkinson v Downton a two-stage analysis Subjective D must subjectively intend to shock P (or at least be reckless in accepting that risk) Objective D’s behaviour must be objectively likely ("calculated") to result in injury or illness to P No trespass, negligence and deceit Intentional Physical Harm

8. Other relevant cases Bielitski v Obadiak Bunyan v Jordan Chester v Waverley Corporation Janvier v Sweeney Stevenson v Basham

9. Analysis Intention: Patrick’s act caused nervous shock and consequent physical illness to Simon Patrick intended to cause severe emotional distress Intention to produce harm was imputed Physical harm: Bodily harm (heart attack) resulting from emotional distress was proved Indirect result: Harm  indirect result of Patrick’s act Rule in Wilkinson v Downton: Applicable

10. Conclusion Simon can sue Patrick based on the tort of INTENTIONAL PHYSICAL HARM