In what case may a plaintiff recover damages for emotional distress without physical symptoms?

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The correct answer emphasizes the idea that the ability for a plaintiff to recover damages for emotional distress without physical symptoms is not universally applicable in all jurisdictions. Instead, it is often determined by specific guidelines or precedents outlined in the Restatement of Torts, particularly in jurisdictions that adopt such frameworks.

In certain cases, emotional distress claims have been recognized in tort law even in the absence of physical injuries. This is particularly true where the courts have established criteria that allow for such claims, often focusing on the nature of the conduct causing the emotional distress and its impact on the plaintiff. The Restatement suggests that there might be grounds for recovery under specific circumstances, such as extreme or outrageous conduct, which signifies that some jurisdictions may allow these claims provided they meet certain thresholds.

In addition, some jurisdictions may require a more stringent standard of proof or specific types of relationships — like those involving close family members or certain types of special relationships — to support a claim for emotional distress. Hence, the answer reflects an understanding that the recovery of emotional distress damages without physical symptoms is nuanced and contingent upon jurisdiction as guided by established legal principles.

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