Today is the 1st day of April, 2016, a day popularly referred to as “April Fools’ Day”.

The 1st day of April is notorious for the deliberate circulation, publication and communication of false information by some members of the public in the name of “April Fool’s Day”.

What most people may not know is that giving or publishing false information to someone which results in emotional or mental shock or distress is actionable in law. It constitutes a tort (civil wrong) called ‘intentional Infliction of mental shock’. Some jurisdiction refers to it as ‘intentional infliction of emotional distress’ (IIED).

A cause of action will arise if a person intentionally gives false information or raises a false alarm which causes another to suffer injuries arising from nervous shock or emotional distress.

This tort was first popularised and recognized in the famous English case of Wilkinson v Downton [1897] EWHC 1 (QB), [1897] 2 QB 57 in which the Common Law first recognised the tort of intentional infliction of mental shock.

The brief facts of the case as stated by Wikipedia:
Thomas Wilkinson was the landlord of the Albion public house in Limehouse. A regular customer of the public house named Downton decided to play a practical joke on Wilkinson’s wife. When Mr. Wilkinson went to see the races in Harlow, he left his wife to manage the house. Mr. Downton approached Mrs. Wilkinson and told her, falsely, that her husband had been seriously injured in an accident. Mr. Downton told Mrs. Wilkinson that he had suffered two broken legs and that he was lying at The Elms in Leytonstone. He told her that she should go to him in a cab and bring two pillows to carry him home.”
The effect of Mr. Downton’s false statement to Mrs. Wilkinson was a violent shock to her nervous system, causing her to vomit and for her hair to turn white and other more serious and permanent physical consequences which at one time threatened her reason, and entailing weeks of suffering and incapacity to her as well as expense to her husband for medical treatment. These consequences were not in any way the result of a history of bad health or weakness of constitution; nor was there any evidence of predisposition to nervous shock or any other idiosyncrasy.

Mrs. Wilkinson sued on an action on the case.
Mr Justice Wright held that Mrs. Wilkinson had a valid claim for the intentional infliction of mental shock, and awarded her £100. Mrs. Wilkinson was entitled to a small claim for 1s 10½d for the cost of railway fares of persons sent by the plaintiff to Leytonstone in obedience to the false statement.


If for instance someone intentionally calls a friend or relative today in the name “April Fool’s celebration” and informs the person that his child, wife or friend is involved in an accident or has died or is involved in any unfortunate crisis, and the false information is actually believed by the receiver and leads to a nervous shock, emotional distress or other psychological or physical injuries, the informant will be liable to pay damages for the tort of intentional infliction of emotional distress.
Several other cases have been decided by the courts in many jurisdictions subsequent to the principles laid down in Wilkinson v Downton including the recent decision of the United Kingdom Supreme Court in Rhodes v OPO [2015] UKSC 32.
Another possible cause of action that may arise from engaging in April Fool’s Day is defamation of character. I have seen people publishing all sorts of libellous articles and stories on the social media against others in the name of April fool.
A person doing this may be liable for an action in defamation. If a person publishes false information (orally or in a permanent form) against another which is capable of lowering the estimation of the other person in the eyes of right thinking members of the society it will be actionable in tort.

If it is oral, that will constitute the tort of slander. Where the information is communicated in a permanent form, it will constitute libel.

However, for a claimant or plaintiff to succeed in an action for defamation, he must prove:

1. That there was publication;

2. That he was the person referred to;

3. That the statement(s) are defamatory and that he suffered damages. See the Supreme Court judgment in Isaac O. O. Ejabulor v. His Royal. Highness D. B. Osha (1990) 5 NWLR (Pt. 148). P. 1

In conclusion, those celebrating April Fool’s Day by publishing and posting false information should be mindful of the possible consequences of their actions.

inibehe.effiong@gmail.com
http://www.lawyard.ng/april-fools-day-and-the-law-by-inibehe-effiong/

Adaweezy!!!

emaculate99:
Adaweezy!!!

How far....
I see you doing a great job Repping Ifelaw here.

Lalasticlala Afam4eva Fynestboi mynd44 An interesting read...

adaweezy:

How far....
I see you doing a great job Repping Ifelaw here.

Yes oooo.... IfeLaw: I belong!

[size=20pt]NONSENSE

April fool is just a person who is the victim of a trick or hoax on April Fool's Day. So whats the big deal? How about Halloween? Its all fun... Mtcheww[/size]

...

April fool, the day of BP

My birth month..

...


I GO CARRY SAHARA DESERT REPORTERS GO ICC FOR PUBLISHING AGGRESSIVE AND TERRORISTIC STORY ABOUT PRESIDENT BABA BUHARI COLLAPSING DURING MEETING WITH JHON KERRY IN WASHINGTON DC.

Somebody cannot play with you people again abi

alright.

Hmm... Imagine a radio station telling its audience that Arsen Wenger has resigned from Arsenal and that Mourinho has accepted to coach super eagle.
I'm still doubting its possibility. Messi coming to Real madrid. Earlier today Sahara reporters reported that president slumped and he's been admitted for treatment.

Ok

Na wa oo. People don dey vex oo. This one wey April fool prank fit send person go Kuje.

dotcomnamename:
[size=20pt]NONSENSE
April fool is just a person who is the victim of a trick or hoax on April Fool's Day. So whats the big deal? How about Halloween? Its all fun... Mtcheww[/size]

Please remind them again.

April fools

na wao, I don do April fool for my lady oo, na so so vex since morning.
and na she first do me April fool last year oo, when she tell me sey GEJ dey outside Nigeria, sey media dey show am live and me no see am watch, na after hours I know sey na April fool, now I do my own, telling her about my adventure with another lady, I tell her sey na April fool, she said the joke was too expensive, I don't even know if I should now say na true, so she no go vex again.

Mtchewwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww. Meaning what?

Interesting read, but still, if you take anything serious before 12 o'clock on 1st April, thou art a fool!!

I know say Naija own go get comma!

Ok

Thank you op for this. One eediot made me to almost loose my temper all because of foolish April fool. He should thank his God that I had a rethink, if not he would regret doing that to me.

OlujobaSamuel:
na wao, I don do April fool for my lady oo, na so so vex since morning.

.....aaah !!! Abi you tel am say your JHON THOMOS has finally collapsed due to Heavy Drilling ni

Alright

There are some rules that can't work in Nigeria

ZuzuMan:
.....aaah !!! Abi you tel am say your JHON THOMOS has finally collapsed due to Heavy Drilling ni

I don modify am.
she don talk sey we go settle am for night. still dey wait for her

Okay nah

bestestgirl:
Interesting read, but still, if you take anything serious before 12 o'clock on 1st April, thou art a fool!!

which Law