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How Fisher Wins

Alia Goodrich. Jennifer Williman. How Fisher Wins. Justin Roote. Nick Watkins. Torts Filed. Intention Infliction of Emotional D istress Conversion. Source 3. Emotional Distress Caused.

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How Fisher Wins

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  1. Alia Goodrich Jennifer Williman How Fisher Wins Justin Roote Nick Watkins

  2. Torts Filed • Intention Infliction of Emotional Distress • Conversion Source 3

  3. Emotional Distress Caused • Darryl, being an employee of Carrousel Motor Hotel, deprived Fisher of a service and embarrassed him by subjecting him to an act of public hatred. • Hotels are held to a higher standard of courtesy than most other types of businesses • Darryl’s comment of “you ain’t served in this club” fulfill the requirement for an emotional distress tort

  4. Intention Infliction of Emotional Distress Extreme and Outrageous Conduct -Beyond all bounds of decency -Reckless disregard of possible emotional distress -Purposely made defamatory statements

  5. Beyond the Bounds of Decency • Darryl used racism as a reason to deny Fisher service at the hotel -Hotels are held to a higher standard than most other businesses (Street Law page 213)

  6. Reckless Disregard of Possible Emotional Distress • Darryl must have known that his actions would have offended Fisher (Reasonable Person Standard) • Purposefully acted to offend Fisher due to his race

  7. Defamatory Statements • “You ain’t served in this club” • Exposes plaintiff to public hatred - Fisher does not need to prove damage to reputation because the statements made can be classified as defamation per se Source 2

  8. Conversion • Intent to interfere with a sale -Deprive Fisher of his Lunch • Complete Deprivation -Took away Fisher’s food

  9. Why is Carrousel Motor Hotel Liable? • Hotels are held to a higher standard of courtesy than most other types of businesses • Vicarious Liability -Employers are liable for actions of employees that are acting within scope of their jobs -Darryl is an employee of Carrousel Motor Hotel and was acting as an employee when the incident occurred Source 5

  10. Damages • Compensatory Damages -Clothes that were damaged from food • Punitive Damages -Punish four outrageous actions with unjustifiable reason -Punitive damages are easier to cover because its an intentional tort Source 4 and 6

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