Wilkinson v Downton: new Work for an old tort to do

Gray, Anthony ORCID: https://orcid.org/0000-0001-9565-475X (2015) Wilkinson v Downton: new Work for an old tort to do. Tort Law Review, 23 (3). pp. 127-147. ISSN 1039-3285

Abstract

This paper considers the future of the so-called Wilkinson v Downton tort in light of the recent United Kingdom Supreme Court decision in Rhodes v OPO. It suggests there is value in retaining the individual tort, rather than subsuming it within the tort of negligence, given its distinctive features including its basis in intent. It postulates the best parameters for recovery under the tort, before considering practical applications in areas such as breach of privacy and bullying/harassment.

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Item Type:	Article (Commonwealth Reporting Category C)
Refereed:	Yes
Item Status:	Live Archive
Additional Information:	Permanent restricted access to Published version due to publisher copyright policy.
Faculty/School / Institute/Centre:	Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Faculty/School / Institute/Centre:	Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Date Deposited:	27 Nov 2015 02:42
Last Modified:	27 Jul 2016 23:57
Uncontrolled Keywords:	Wilkinson v Downton; negligence; intention; indirect privacy; bullying; harassment; psychiatric harm; nervous shock
Fields of Research (2008):	18 Law and Legal Studies > 1801 Law > 180126 Tort Law
Fields of Research (2020):	48 LAW AND LEGAL STUDIES > 4806 Private law and civil obligations > 480605 Tort law
Socio-Economic Objectives (2008):	C Society > 94 Law, Politics and Community Services > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified
URI:	http://eprints.usq.edu.au/id/eprint/28105

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