Question
Henry and Whitney recently married and have been living in the cosy town of Sonepat. Whitney recently found out that she was pregnant. As Whitney
Henry and Whitney recently married and have been living in the cosy town of Sonepat.
Whitney recently found out that she was pregnant. As Whitney had been diagnosed with mental health issues earlier in her life, Henry and Whitney decided that she would take a course of medication for preventing depression during and after her pregnancy.
On Saturday night, Henry went out for drinks with his friend, Frederick. While they were both enjoying their drinks, Henry proudly mentioned that his wife has been mentally strong and physically healthy. Then, Henry boastfully said that now his wife would not be affected by any difficult circumstance.
After Henry made this statement, he went to the washroom. A drunk Frederick picked up Henry's phone from the table and quietly followed Henry to the washroom. After Henry entered the washroom, Frederick latched the washroom door from outside. Then Frederick dialed Whitney's number from Henry's phone. He wanted to call Whitney to test her mental strength. Whitney answered the phone. Wanting to play a joke on Whitney, Frederick told her that Henry was involved in a fist fight in the bar and his backbone was severely injured.He said that Henry had been rushed to the hospital in an ambulance. After talking to Whitney, Frederick unlatched the washroom door and quickly came back to their table and kept Henry's phone on the table. Soon after Henry joined him for another round of drinks. After Whitney spoke to Frederick, she felt a severe ache in the stomach and had to be hospitalised for a week. She miscarried the foetus and suffered from chronic depression as a result of the shock she received by talking to Frederick.
Assuming that the above situation took place in a common law jurisdiction, advise all parties as to whether there can be any potential claims for damages under tort law?
IRAC METHOD PLEASE
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