Plaintiff and Defendant were classmates who sat next to each other. Plaintiff filed a lawsuit against Defendant alleging that Defendant had "offensive and bad breath" and that the condition polluted the classroom environment making it difficult to concentrate and learn. Has the plaintiff stated a valid cause of action?

Question

Social Studies

Paula Holloway

7 May, 04:28

Plaintiff and Defendant were classmates who sat next to each other. Plaintiff filed a lawsuit against Defendant alleging that Defendant had "offensive and bad breath" and that the condition polluted the classroom environment making it difficult to concentrate and learn. Has the plaintiff stated a valid cause of action?

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Answers (1)

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Bailee Dodson · Answer 1

Answer:no, the plaintiff has not stated a valid cause of action.

Explanation:

A valid cause of action is sufficient justifiable reasonsfor a plaintiff to sue the defendant.

Offensive and bad breath is not sufficient justifiable reason to say it has disrupted the normal learning in the classroom.

The plaintiff can't real give reasonable proof to say that a smelling breath is polluting the air in the class.

An individual person breath can't surely be the cause for the pollution in the class.

There could be an animosity between these two classmates which is not related to what the plaintiff says because this reason alone is not enough to sue someone.

One can make suggestions for a person to keep hygiene without taking them to court.