See If You Can Answer This MBE Question!

A  father wanted the neighbor’s son to stay away from his daughter. One  day, when he saw the son speaking with his daughter, the father chased away the son and yelled at the neighbor from across the fence. The father shook his fist and threatened to throw the son over the fence if he ever caught him speaking to his daughter again. The neighbor ignored this and went into his house.

In a suit for damages for intentional infliction of emotional distress, will the neighbor prevail?

 

(A) No, because there never was any real and immediate threat of bodily harm to him.

(B) No, because he never suffered any physical consequences from the father’s threat.

(C) Yes, because he was within the zone of danger.

(D) No, because the father’s conduct was not extreme or outrageous.

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