Four Reasons Santa Could Get Sued

What do you do if you wake up Christmas morning and find a stocking full of coal left by the chimney? You might consider hiring a lawyer to go after the Jolly Red Elf himself: Santa. Here are four reasons that you could possibly use to pull Santa into civil court:

1.) Breach Of Contract

If someone promises you a gift for no reason, you can't sue them if they renege. However, if someone makes a conditional promise to you in exchange for something else (in this case, your good behavior all year), you can sue them for a material breach of contract if he or she fails to deliver on the bargain.

If you were actually a good boy or good girl this year and still found coal in your stocking, you could argue that Santa was in breach of his contract as the Spirit of Christmas that rewards all the nice children. Being good all year long was certainly no easy task, so you should be entitled to the rewards for which you bargained.

2.) Defamation Of Character

Any time that someone makes a false statement about you that harms your reputation among others, that is considered defamation of your character.

Unless Santa can prove that you've actually been naughty, you can take him to court for the mental anguish that you've suffered as a result of the defamation. Keep in mind, however, that you'll need to prove that your reputation was previously untarnished, otherwise Santa has a viable defense.

3.) Intentional Infliction Of Emotional Distress

What if you haven't been so good this year? You may still have some legal recourse against Santa for being such a Grinch for the intentional infliction of emotional distress. When somebody goes out of their way to inflict mental harm on another person, the law provides the victim with an opportunity to seek damages in court.

You could easily argue that not getting a gift under the tree or a stocking full of candy was punishment enough for not making the "nice" list -- putting coal in your stocking was a deliberate attempt to humiliate you in front of family and friends and cause you mental anguish. If you're too embarrassed to hold your head up at the family dinner and have to seek counseling afterwards, you may have a very good case.

4.) Invasion Of Privacy

What if you simply weren't expecting anything from Santa because you never gave Mr.Claus permission to spy on you? You certainly wouldn't expect, then, for someone outside of your home to know what goes on in your private life. The law provides you with a certain right to your privacy, whether you're naughty or nice.

If Santa took it upon himself to know when you were bad or good and demonstrated his knowledge of your private affairs with a judgemental lump of coal, you would have cause to sue him for the invasion of your privacy. As long as you didn't send a letter asking him for presents or hang up a stocking, Santa may have a hard time explaining his actions in court.

Whatever the reason, you don't have to sit idly by and accept your lump of coal. If you've been badly treated by the bearded guy in red this year (or anybody else), consider contacting an attorney to discuss your case or visiting a legal website such as http://www.vanblk.com.