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Old 11-13-2006, 10:48 PM   #46
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Quote:
Originally posted by redkat




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
OK. What are the choices?
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Old 11-13-2006, 10:53 PM   #47
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Old 11-13-2006, 11:07 PM   #48
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I think it's False. I'm 97% sure it's false.
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Old 11-13-2006, 11:08 PM   #49
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would you like to use a lifeline
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Old 11-13-2006, 11:08 PM   #50
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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
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Old 11-13-2006, 11:13 PM   #51
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Old 11-13-2006, 11:20 PM   #52
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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.
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Old 11-13-2006, 11:23 PM   #53
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Old 11-13-2006, 11:28 PM   #54
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Quote:
Originally posted by UberBeaver
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.
beav you've got it
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Old 11-14-2006, 12:05 AM   #55
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Quote:
Originally posted by UberBeaver
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.
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Old 11-14-2006, 12:07 AM   #56
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yep and I'm using that scenario
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Old 11-14-2006, 12:08 AM   #57
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Quote:
Originally posted by redkat



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
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Old 11-14-2006, 12:10 AM   #58
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I've decided to take the passive agressive approach and instead of confronting her I'm gonna unplug my comp when she comes over
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Old 11-14-2006, 12:14 AM   #59
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Old 11-14-2006, 12:14 AM   #60
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Good plan


So how are you?
Besides some paper you're writing about the Thing?

Can I get you a drink my dear?
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