Early morning on 1st Jan, Mary left the village. She has endured almost 10 days of every relative accusing her of refusing to give them grand children or to enlarge the clan. One even told her to stop coming to the village if she is going to visit alone without a ‘friend’.
Mary is fed up and she wants to know if she can just sue them for emotional damage and torture for always demanding for a child from her.
WHAT DOES THE LAW SAY?
According to the law, you can sue another for emotional torture if you can prove that the actions of the other person resulted in an actual diagnosable emotional effect on them. For example, if what has been done to you directly led to a medical condition like depression, then you can sue that person.
However there are certain conditions you have to fulfil before you can claim that a person caused you this kind of damage.
This person must have a legal duty not to cause you damage (to take care of you) such as a neighbor or a parent or doctor.
This person must have acted negligently or intended to cause you this damage. You must have suffered actual damage not just discomfort or anger.
If the actions of the other person simply made you angry or uncomfortable, then you have no case against that person.
As for Mary, she may be angry or uncomfortable because of what her family is saying, but this does not mean she can sue them for emotional torture.
Source: BarefootLawyers
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