Bob Swaby, owner of Fire and Ice Heating and Air Conditioning, and Ben Christian
ID: 1129345 • Letter: B
Question
Bob Swaby, owner of Fire and Ice Heating and Air Conditioning, and Ben Christianson, owner of Thermostat Dreams HVAC, are bitter competitors. Both are determined to meet the heating and cooling needs of the small town of Valdese, North Carolina. For years, each business owner has sought to outdo the other through price undercutting and other business practices, and tensions between the two have grown.
Christianson's wife and children go on vacation to Myrtle Beach, South Carolina while he stays behind. During this time, Swaby concocts a devious scheme. One night he calls Christianson, disguising his voice and identifying himself as the head administrator at the Horry County, South Carolina Coroner's Office. Swaby tells Christianson that his family has been murdered, and that he must come to South Carolina to identify the bodies and participate in the investigation of their deaths. Shocked and distraught, Christianson drives the six hours to Horry County, South Carolina. There, Christianson discovers he has been the victim of a very twisted joke.
When he returns home, Christianson does not feel quite right. He has trouble sleeping, has difficulty concentrating on his job, experiences bouts of anxiety, and often feels despondent. He consults a psychiatrist, who diagnoses Christianson with a form of post-traumatic stress disorder.
Assuming Christianson discovers that Swaby is the perpetrator of the prank, does Christianson have an actionable civil claim against Swaby? If so, on what legal theory should the action be based, and what is the appropriate amount of monetary damages?
Explanation / Answer
The current scenario has been discussed under the tort law . In such a case the injured party christian son has the right to suit perpetrator for compensation of any injury or damaged caused. This is an intentional tort on swabby's part who was trying to play such a shameful act which traumatised christianson to a large extent impacting his business also known as an intentional infliction of emotional distress. We can consider this to be a private nuisance affecting decision making for christianson which in turn will be beneficial for swabby. He shall claim nominal damage for such a behavior if the harm is not that much or a preventive damage to prevent swabby from conducting similar behavior in the near future.