Question: Exercise 2-H Consider whether a court would decide that the plaintiff in the following case could succeed in the described lawsuit. Use these five questions
Exercise 2-H Consider whether a court would decide that the plaintiff in the following case could succeed in the described lawsuit. Use these five questions as a guide. a) Is the issue the same or analogous to the issue in Sinn? b) Are the relevant facts analogous or distinguishable? c) Would the court's reasoning in Sinn lead to the same or different result? d) What impact, if any, would the policies behind the decision in Sinn have on this case? e) In light of the answers to these questions, is it likely that a court will follow the holding in Sinn? Bobby Jones's parents brought a claim for negligent infliction of emotional distress on behalf of their child. They allege that the harm was occasioned When Bobby witnessed his first cousin Stewart drowned on the property of Stephen Bain, as a result of Bain's negligence and not erecting a fence around his lake. Bain is a landowner in Brockton PA. Both boys were eight years old. Bobby and Stewart grew up literally in the same house; bobby's parents lived on the 1st floor in Stewart's parents lived on the second floor. Their mothers were sisters and described them as "inseparable," practically since birth. She said Bobby was "like a brother" to Stewart. Bobby and Stewart were together as toddlers and stayed in the same class from preschool through grade four. They were cub scouts in the same troop, members of the same Little League team, and played together after school and on the weekends
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