The plaintiff was a fastidiously clean man with a fastidiously clean house. For health reasons, his family

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The plaintiff was a fastidiously clean man with a fastidiously clean house. For health reasons, his family consumed only purified, bottled water, which he purchased from the defendant company. While replacing an empty bottle, the plaintiff discovered that the new bottle contained the remains of a fly. Although the contaminated water was not consumed and did not cause anyone to suffer any physical injury, the plaintiff became obsessed with the event and its "revolting implications" for the health of his family. He constantly thought of flies crawling across garbage or animal feces and then swimming in his supposedly pure water. His personality changed dramatically. His hairstyling business lost clients because he was depressed and no longer had a sense of humour. He was unable to have sex with his wife. He could not properly shower because he could not bear the thought of water on his face. He was so sickened by the thought of contaminated water that he could no longer drink tea or coffee. He often felt like he was going to vomit. The defendant, however, proved that the plaintiff 's reaction to the tainted water was unusual and extreme. A normal person, in the same circumstances, might have been angered or mildly disgusted by the sight of the fly, but those feelings would have passed within a few hours and there would be no real lasting harm. Discuss the various elements of the plaintiff 's claim in negligence against the defendant. Is a court likely to impose liability? Explain your answer.

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Managing the Law The Legal Aspects of Doing Business

ISBN: 978-0133847154

5th edition

Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer

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