Legal Studies Essay

566 WordsNov 28, 20123 Pages
CASEMAKER ASSIGNMENT #2 DUE 11/13/12 FACTS: Tim Ott (“Ott”) and Leila Nightengale (“Nightengale”) have been married since 1998. Shortly after their marriage, Nightengale learned that Ott suffers from severe depression. Since roughly 2002, Nightengale has carried on an affair with James Smith (“Smith”), and in that time Nightengale has told Smith about her husband’s depression and his sensitivity about it. In an effort to force Ott to divorce Nightengale, Smith emailed Ott’s friends and family and informed them about the affair. Two months later, Smith called Ott and some of his friends to say that Ott was a bad husband. Ott found this very upsetting, and left a message for Smith pleading with him to stop the harassment. Undeterred, Smith sent another email to Ott’s entire contact list. He attached pages of Ott’s diary detailing Ott’s depression, emails from Ott to Nightengale in which Ott refused to agree to a divorce, and sexually explicit, highly personal messages from Nightengale to Smith, disparaging Ott’s sexual abilities. Two co-workers have indicated that, due to Smith’s email, Ott has been unable to eat or sleep and has not been to work in five days, despite hardly ever missing work previously. Ott has not sought medical or psychiatric treatment, but has increased his intake of anti-depressants. ASSIGNMENT: Tim Ott has consulted you to determine whether he has a valid claim against James Smith for “intentional infliction of emotional distress.” First, use Casemaker to find a decision that provides a good explanation of the elements of the tort of intentional infliction of emotional distress (hereafter “IIED”). Describe the process by which you located the case that you think best explains IIED and its elements, including the terms you used in conducting your search, the number of results you found, whether and how you narrowed or expanded

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