reasonable person standard

来源: 柠檬椰子汁 于 2017-02-20 13:23:32 [] [博客] [旧帖] [给我悄悄话] 阅读数 : (504 bytes)
本帖于 2017-02-20 13:24:45 时间, 由版主 柠檬椰子汁 编辑

The court asks, whether a reasonable person would have had depression due to identity theft.   In another word, whether the bank could have foreseen such damage (depression) from identity theft. 

The answer is usually, NO.

Emotional distress usually requires phycial injury, e.g. car crash, battery, assault, etc.   Emotional damages form non-physical injury is usually falls under "it's just life" category.  

 

所有跟帖： 

• Do you know PTSD? -NPshowway- ♀ 给 NPshowway 发送悄悄话 (0 bytes) () 02/20/2017 postreply 16:27:12

• Did the customer tell the bank that she had PTSD? If not, not f -柠檬椰子汁- ♂ 给 柠檬椰子汁 发送悄悄话 柠檬椰子汁 的博客首页 (0 bytes) () 02/20/2017 postreply 16:56:37

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