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UberBeaver said:
Gimme a question. I'll answer one.

:lol:

based on [Thing vs. Chusa] give the elements,damages, possible defenses to and a made up scenario of Negligent Infliction of Emotional distress. Explain both sides of the case based on your made up scenario.

thanks for the help :wink:
 
redkat said:


:lol:

based on [Thing vs. Chusa] give the elements,damages, possible defenses to and a made up scenario of Negligent Infliction of Emotional distress. Explain both sides of the case based on your made up scenario.

thanks for the help :wink:

OK. What are the choices?
 
UberBeaver said:


OK. What are the choices?

Beav I think you're rght. I'm gonna abbreviate so not to waste paper and just put F by #4

Someone that I allow to come into my home that I just realized is using my computer. Has been doing things on my comp that freak me out. I just checked the history and :shocked: :crack:
 
OK, The Thing vs la Chusa basically states that 1. You have to have a close relationship to the victim.
2. You have to be there, at the scene of the crime.
3. You have to be distressed because of what you just witnessed.

So say you're walking near a construction site, and then The Thing gets all pissy on top of the construction site, cause really now, he's an asshole. So the reverberations cause some materials to fall. Now, let's say they hit your grandmother, but not you, right? Is it fair that only grandma gets compensated? According to The Thing vs La Chusa, no. Both of you get a payday. For real. That's awesome.

As for The Things defense? He's going to use the whole "I'm a super hero, saving the world, it was clobbering time" spiel, no doubt, but he'll have very little to counter an argument charging him with causing you emotional distress. He could use the whole, "weak willed woman" approach and then point to his own freakish nature and how he never had to ask for money, but I think Johns vs Smyth would shoot that down.
 
UberBeaver said:
OK, The Thing vs la Chusa basically states that 1. You have to have a close relationship to the victim.
2. You have to be there, at the scene of the crime.
3. You have to be distressed because of what you just witnessed.

So say you're walking near a construction site, and then The Thing gets all pissy on top of the construction site, cause really now, he's an asshole. So the reverberations cause some materials to fall. Now, let's say they hit your grandmother, but not you, right? Is it fair that only grandma gets compensated? According to The Thing vs La Chusa, no. Both of you get a payday. For real. That's awesome.

As for The Things defense? He's going to use the whole "I'm a super hero, saving the world, it was clobbering time" spiel, no doubt, but he'll have very little to counter an argument charging him with causing you emotional distress. He could use the whole, "weak willed woman" approach and then point to his own freakish nature and how he never had to ask for money, but I think Johns vs Smyth would shoot that down.

:love: beav you've got it
 
UberBeaver said:
OK, The Thing vs la Chusa basically states that 1. You have to have a close relationship to the victim.
2. You have to be there, at the scene of the crime.
3. You have to be distressed because of what you just witnessed.

So say you're walking near a construction site, and then The Thing gets all pissy on top of the construction site, cause really now, he's an asshole. So the reverberations cause some materials to fall. Now, let's say they hit your grandmother, but not you, right? Is it fair that only grandma gets compensated? According to The Thing vs La Chusa, no. Both of you get a payday. For real. That's awesome.

As for The Things defense? He's going to use the whole "I'm a super hero, saving the world, it was clobbering time" spiel, no doubt, but he'll have very little to counter an argument charging him with causing you emotional distress. He could use the whole, "weak willed woman" approach and then point to his own freakish nature and how he never had to ask for money, but I think Johns vs Smyth would shoot that down.

Wow, that's impressive UB. :hmm:
 
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