Marcia Samms sued David Eccles for repeatedly soliciting her for sex without consent and exposing himself to her. She claims she suffered emotional distress from his actions. She can recover damages for the tort of intentional infliction of emotional distress.
Assuming that Hutchinson proved that the statements were false and.docx
1. Assuming that Hutchinson proved that the statements were false and
ASSIGNMENT1.Marcia Samms claimed that David Eccles had repeatedly and persistently
called her at various hours, including late at night, from May to December, soliciting her to
have illicit sexual relations with him. She also claimed that on one occasion, Eccles came
over to her residence to again solicit sex and indecently exposed himself to her. Mrs. Samms
had never encouraged Eccles but had continuously repulsed his “insulting, indecent, and
obscene” proposals. She brought suit against Eccles,claiming she suffered great anxiety and
fear for her personal safety and severe emotional distress, demanding actual and punitive
damages. Can she recover? If so, for what tort?2. National Bond and Investment Company
sent two of its employees to repossess Whithorn’s car after he failed to complete the
payments. The two repossessors located Whithorn while he was driving his car. They
followed him and hailed him down to make the repossession.Whithorn refused to abandon
his car and demanded evidence of their authority. The two repossessors became impatient
and called a wrecker. They ordered the driver of the wrecker to hook Whithorn’s car and
move it down the street while Whithorn was still inside the vehicle. Whithorn started the
car and tried to escape, but the wrecker lifted the car off the road and progressed seventy-
five to one hundred feet until Whithorn man- aged to stall the wrecker. Has National Bond
committed the tort of false imprisonment? Explain.3. In March, William Proxmire, a U.S.
senator from Wisconsin, initiated the “Golden Fleece of the Month Award” to publicize what
he believed to be wasteful government spending. The second of these awards was given to
the Federal agencies that had for seven years funded Dr. Hutchinson’s research on stress
levels in animals. The award was made in a speech Proxmire gave in the Senate; the text
was also incorporated into an advance press release that was sent to 275 members of the
national news media. Proxmire also referred to the research in two subsequent newsletters
sent to one hundred thousand constituents and during a television interview. Hutchinson
then brought this action alleging defamation resulting in personal and economic
injury.Assuming that Hutchinson proved that the statements were false and defamatory,
would he prevail? Explain.4. Capune was attempting a trip from New York to Florida on an
eighteen-foot-long paddleboard. The trip was being covered by various media to gain
publicity for Capune and certain products he endorsed. By water, Capune approached a pier
owned by Robbins, who had posted signs prohibiting surfing and swimming around the
pier. Capune was unaware of these notices and attempted to continue his journey by
passing under the pier. Robbins ran up yelling and threw two bottles at Capune. Capune was
frightened and tried to maneuver his paddleboard to go around the pier. Robbins then
2. threw a third bottle that hit Capune in the head. Capune had to be helped out of the water
and taken to the hospital. He suffered a physical wound that required twenty-four sutures
and, as a result, had to discontinue his trip. Capune brought suit in tort against Robbins. Is
Robbins liable? If so, for which tort or torts?5. Ralph Nader, who has been a critic of General
Motors Corp. for several years, claims that when General Motors learned that Nader was
about to publish a book entitled Unsafe at Any Speed, criticizing one of its automobiles, it
decided to conduct a campaign of intimidation against him. Specifically, Nader claims that
GMC(a) conducted a series of interviews with Nader’s acquaintances, questioning them
about his political, social, racial, and religious views;(b) kept him under surveillance in
public places for an unreasonable length of time, including close observation of him in a
bank;(c) caused him to be accosted by women for the purpose of entrapping him into illicit
relationships; (d) made threatening, harassing, and obnoxious telephone calls to him; (e)
tapped his telephone and eavesdropped by means of mechanical and electronic equipment
on his private conversations with others; and (f) conducted a “continuing” and harassing
investigation of him. Nader brought suit against GMC for invasion of privacy.Which, if any, of
the alleged actions would constitute invasion of privacy?