Six Assessed Questions
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- Date Submitted: 08/29/2010 10:16 PM
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Armond R. Dowdell
Law/531
Mr. Charnell
Six Assessed Questions
Facts: An English professor puts a comment on a student’s composition which says, “Can’t you write at all? You are writing at a third grade level and will never be able to graduate from this university!” The student is extremely upset and sues the professor for intentional infliction of emotional distress.
Issue: Did the professor cause emotional distress on the student, if so can he be found guilty?
Rule: To prove intentional emotional distress, the plaintiff must show: 1) the defendant must act intentionally or recklessly; (2) the defendant's conduct must be extreme and outrageous; and (3) the conduct must be the cause (4) of severe emotional distress. The definition of outrageous is subjective, but it should be more than mere insults, indignities, threats, annoyances, or petty oppressions.
Application: The professor wrote some negative comments on the students paper, but it is undetermined whether or not it caused the student emotional stress. The student will have to prove this in court. This will be unlikely because most courts do count emotional distress
Conclusion: Unfortunately the case won’t hold up in court and the student will lose. The professor however will probably lose his job.
Facts: Dorothy Yu, an employee of Northwest Pipeline Corporation, was found to have in her possession a confidential personnel document that she was not authorized to possess. She admitted possession and identified Enser, who worked in the records department, as the source of the document. Both Yu and Enser were terminated for violating Northwest's confidentiality policy. Northwest then informed the Utah Job Services that Yu had been fired for this reason and therefore was ineligible for unemployment compensation. Selected non-supervisory Northwest employees were also informed of the reasons for Yu's termination. Yu filed a defamation suit against Northwest.
Issue: Yu was fired for having...
Law/531
Mr. Charnell
Six Assessed Questions
Facts: An English professor puts a comment on a student’s composition which says, “Can’t you write at all? You are writing at a third grade level and will never be able to graduate from this university!” The student is extremely upset and sues the professor for intentional infliction of emotional distress.
Issue: Did the professor cause emotional distress on the student, if so can he be found guilty?
Rule: To prove intentional emotional distress, the plaintiff must show: 1) the defendant must act intentionally or recklessly; (2) the defendant's conduct must be extreme and outrageous; and (3) the conduct must be the cause (4) of severe emotional distress. The definition of outrageous is subjective, but it should be more than mere insults, indignities, threats, annoyances, or petty oppressions.
Application: The professor wrote some negative comments on the students paper, but it is undetermined whether or not it caused the student emotional stress. The student will have to prove this in court. This will be unlikely because most courts do count emotional distress
Conclusion: Unfortunately the case won’t hold up in court and the student will lose. The professor however will probably lose his job.
Facts: Dorothy Yu, an employee of Northwest Pipeline Corporation, was found to have in her possession a confidential personnel document that she was not authorized to possess. She admitted possession and identified Enser, who worked in the records department, as the source of the document. Both Yu and Enser were terminated for violating Northwest's confidentiality policy. Northwest then informed the Utah Job Services that Yu had been fired for this reason and therefore was ineligible for unemployment compensation. Selected non-supervisory Northwest employees were also informed of the reasons for Yu's termination. Yu filed a defamation suit against Northwest.
Issue: Yu was fired for having...