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egg shell skull

  • 16-10-2020 6:41pm
    #1
    80j2lc5y7u6qs9
    Closed Accounts Posts: 957 ✭✭✭


    Does the egg shell skull principle apply if someone is sent an unsolicitated email promotion if such a promotion would cause them more distress, due to a previous experience with the company promoted, than it would do to someone who did not have this previous experience.

    This is hypothetical based on a story i heard


Comments

  • #2
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,773 Admin ✭✭✭✭✭hullaballoo


    No.


  • #3
    endacl
    Registered Users, Registered Users 2 Posts: 22,407 ✭✭✭✭endacl


    I doubt skin gets that thin, let alone skulls...


  • #4
    dennyk
    Registered Users, Registered Users 2 Posts: 1,780 ✭✭✭dennyk


    The primary question would likely be whether the sending of the email was a tortious act in itself. If it wasn't, then the "eggshell" rule wouldn't be applicable anyway. Torts involving emotional distress also typically require the conduct in question to be intentional or reckless and to be extreme and outrageous; simply advertising a particular company is unlikely to rise to that standard in most cases. They also typically require the plaintiff to have suffered severe, prolonged, and/or greatly impactful emotional distress; their simply being unhappy or upset about the situation or being reminded of an unpleasant memory generally wouldn't meet the standard.


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