Henry and Barbara were sharing a Cool-Ayd cold drink, and were alarmed to find what seemed to be a plastic object floating inside the drink. Distressed and nauseated, they rushed to the hospital to undergo tests. On their doctor's suggestion, they also underwent several tests. In the meantime, in an action for torts, Cool-Ayd 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?

Question

Quizplus · Accepted Answer

Damages for emotional distress should be recoverable even in the absence of a physical injury-producing impact. The fact that Henry and Barbara had to undergo tests and were distressed proves that they suffered emotional distress. Therefore, they are entitled to relief in an action for tort. Option A is incorrect because the impact rule does not apply in cases of emotional distress. Option B is incorrect because consumers do not have a duty to inspect the contents of a product before consuming it.

Henry and Barbara Were Sharing a Cool-Ayd Cold Drink, and Were