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Question
Henry and Barbara were sharing a Kool-Aid, and they were alarmed to find what seemed to be a plastic object floating inside the drink. Distressed and nauseated, they rushed to the hospital. On a doctor's suggestion, they underwent several tests. In the meantime, in an action for torts, Kool-Aid analysts proved that the object found in the bottle was indeed a sugar mould. Under the given circumstances, will Henry and Barbara get relief for emotional distress in an action for tort, when no damage has occurred?
A. No. Since torts remedy accrues to parties as per the impact rule which states that tort remedy flows from injuries sustained in an impact. There was no injury in this case.
B. No. They should have checked the cold drink before consuming it; the company is hence, not liable.
C. Yes. Damages for emotional distress should be recoverable even in the absence of a physical injury-producing impact.
D. Yes. The company is liable to its consumers because the impact rule does not apply in such a case.
Answer
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