James, Kinkaid, the owner of the Kinkaid Company was convincedby Douglas Shaw, one of his employees, that a fellow worker, DickMiller, had been stealing money from the company. During a break inthe company's conference room, Kinkaid fired Miller in front ofother workers, accused him of stealing from the company, searchedthrough his briefcase over his objections, and finally forciblyescorted him to his office to await the arrival of the police,which he had his assistant summon. Miller was indicted forembezzlement but subsequently was acquitted upon establishing hisinnocence. What rights, if any, does Miller have against Kinkaid?Please discuss.
2. Sandra Davis was a worker in a New York hotel owned by theRoyal Crown International Hotel Co. One day, Henry Lambert, themanager of the hotel support team, gathered all the workers andtold them that a great deal of theft had taken place within thehotel. He warned the assembled workers that unless someoneconfessed or revealed the name of the responsible person, he wouldstart to fire all the workers according to seniority. When no onevolunteered the information he was seeking, Lambert fired SandraDavis, a single parent of three small children. Ms Davis becamevery upset, began to cry, sustained emotional distress, mentalanguish, and loss of wages and earnings.
Ms. Davis sued the Royal Crown International Hotel Co and HenryLambert alleging that the defendants acted recklessly andoutrageously, intending to cause emotional distress and anguish.The defendants argued that damages for emotional distress are notrecoverable unless physical injury occurs as a result of thedistress. Will Davis be successful on her complaint? Pleaseexplain.
3. Fred Banyon, the owner of a rural property, has a place onhis land where he piles trash. The pile has been there for threemonths. Carl, a neighbor of the adjoining property, without Fred'sconsent or knowledge, threw his trash onto the trash pile. Freddiscovered what Carl had done and sued. What tort, if any, has Carlcommitted? Please explain.
James, Kinkaid, the owner of the Kinkaid Company was convincedby Douglas Shaw, one of his employees, that a fellow worker, DickMiller, had been stealing money from the company. During a break inthe company's conference room, Kinkaid fired Miller in front ofother workers, accused him of stealing from the company, searchedthrough his brief case over his objections, and finally forciblyescorted him to his office to await the arrival of the police,which he had his assistant summon. Miller was indicted forembezzlement but subsequently was acquitted upon establishing hisinnocence. What rights, if any, does Miller have against Kinkaid?Please discuss.
2. Sandra Davis was a worker in a New York hotel owned by theRoyal Crown International Hotel Co. One day, Henry Lambert, themanager of the hotel support team, gathered all the workers andtold them that a great deal of theft had taken place within thehotel. He warned the assembled workers that unless someoneconfessed or revealed the name of the responsible person, he wouldstart to fire all the workers according to seniority. When no onevolunteered the information he was seeking, Lambert fired SandraDavis, a single parent of three small children. Ms Davis becamevery upset, began to cry, sustained emotional distress, mentalanguish, and loss of wages and earnings.
Ms. Davis sued the Royal Crown International Hotel Co and HenryLambert alleging that the defendants acted recklessly andoutrageously, intending to cause emotional distress and anguish.The defendants argued that damages for emotional distress are notrecoverable unless physical injury occurs as a result of thedistress. Will Davis be successful on her complaint? Pleaseexplain.
3. Fred Banyon, the owner of a rural property, has a place onhis land where he piles trash. The pile has been there for threemonths. Carl, a neighbor of the adjoining property, without Fred'sconsent or knowledge, threw his trash onto the trash pile. Freddiscovered what Carl had done and sued. What tort, if any, has Carlcommitted? Please explain.
