What are the elements of the tort of intentional infliction

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Reference no: EM133394728

Case Study: It is February 2020. Hank has just approached you, his favorite attorney, about the following situation:

In 2017, the Major League Baseball World Series was played between the Houston Astros and the Los Angeles Dodgers. Hank is a huge Dodger's fan. A week before the Series began Hank went to Las Vegas and placed a legal bet of one million dollars on the Dodgers to win the Series. Unfortunately for Hank, the Dodgers lost the Series in seven games - winning three games, but losing four.

After the Dodgers lost Game 7 of the Series, Hank realized he had just lost one million dollars. As a result, Hank became extremely morose and despondent. Hank attempted suicide. Fortunately, Hank was not successful in his suicide attempt, but he was institutionalized in a psychiatric facility for nearly two years. Hank lost his job when he could not go to work, his wife filed for divorce and obtained sole custody of his three children, and his mortgage company successfully foreclosed on his home when he could not pay the mortgage.

In November 2019, Evan Drellich and Ken Rosenthal of The Athletic published an article detailing how the Astros electronically stole signs during their 2017 World Series championship season.

In January 2020, CBS Sports.com ran an article Links to an external site.about how the Astros cheated during the 2017 Series by stealing the signs which the Dodgers' catcher was giving to the pitcher as to which pitch to throw. In order to better understand how this happened, read the January 13, 2020 SBNation article "The Astros sign-stealing and cheating scandal, explained."

After reading the CBS Sports.com article, Hank approaches you and asks you to help him bring a legal action against the Astros for "Intentional Infliction of Emotional Distress." Hank is not interested in discussing any other tort cause of action.

Questions: Initial Discussion Post

What are the three elements of the tort of "Intentional Infliction of Emotional Distress"?
Will Hank be able to meet each and all of these requirements regarding his claim against the Astros? Explain your answer.

Reference no: EM133394728

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