Question

A new homeowner had two dogs that frequently barked at birds and squirrels in the yard, especially during the day while the homeowner was at work. A neighbor who worked nights was aggravated by the barking, which disturbed his sleep, and decided to let the homeowner know how he felt. One evening, upon learning that the homeowner was entertaining her boss and several clients, the neighbor came to her front door with a boombox and started playing a recording of the dogs barking, putting it at full volume. When the homeowner came to the door, he began yelling at her and berating her in front of her guests for having no consideration for her neighbors, while continuing to play the recording. The homeowner was very upset, especially because her guests decided that they had better leave, and she ended up losing a bonus that her boss was going to give her at the end of the evening. If the homeowner asserts a claim based on intentional infliction of emotional distress against the neighbor, what will be the probable result

Answer 1

Answer:

The homeowner will prevail because the neighbor's conduct was extreme and outrageous.

Explanation:

This is because the homeowner will probably prevail by claiming intentional infliction of emotional distress from the neighbor's extreme and outrageous act, including other elements of the tort;

1. The use of boombox to record the dogs barking and continuous playing at the homeowner's doors is extreme and outrageous

2. The neighbor's yelling and berating her in front of her guests can be considered as emotional distress

3. The neighbor's extreme action also led or caused the homeowner's guest to leave early before the time scheduled.

4. The neighbor's actions led to the homeowner to suffer damages which is the loss of bonus that her boss was going to give her at the end of the evening.