Harry (disguising his voice) cruelly calls Geraldine pretending to be calling from the pre-school of Geraldine’s 3 year-old daughter. He told her that “’I’m sorry to inform you that your daughter suffered a serious injury while playing in the gymnasium. She was taken to the E.R. room at Acme Hospital”. Geraldine fainted when she heard the news. It later turned out that the phone call was a cruel prank and false. What would be the Geraldine’s best legal theory of lawsuit for this case?
a) Intentional infliction of emotional distress.
b) Negligent infliction of emotional distress.
c) Negligence.
d) Invasion of privacy.
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2021-03-18 6:32 am
回答 (4)
2021-03-18 7:43 am
Probably A but unless Geraldine sustained a brain injury while fainting she doesn't really have any damages for a civil suit.
2021-03-18 6:40 am
The act was deliberate. That rules out negligence. Was there any privacy invaded? I think not. Was there emotional distress? Was it caused by an intentional act? Whether that is actually actionable depends on where the event occurred.
2021-03-18 6:39 am
A), obviously. There was clear intent behind the action. To argue negligence, you'd have to prove that the person simply failed to act appropriately to prevent harm, rather than taking specific action to cause it
2021-03-18 6:34 am
Nicole, I've been doing your homework for over two years. When are WE going to graduate? Without knowing "Harry's" relationship to "Geraldine," this is impossible to answer. I fail to see, however, how "Geraldine" has ANY "theory of lawsuit." I see no monetary damages.
收錄日期: 2021-05-01 22:04:10
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