Hooligans Sportsbook

Don Sterling

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Extreme and outrageous conduct[edit]
The conduct must be heinous and beyond the standards of civilized decency or utterly intolerable in a civilized society. Whether the conduct is illegal does not determine whether it meets this standard. IIED is also known as the tort of "outrage," due to a classic formulation of the standard: the conduct must be such that it would cause a reasonable person to exclaim "Outrageous!" in response.
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Does recording the conversation qualify by these standards?
 
MrX
Does recording the conversation qualify by these standards?
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That's up to a judge/jury.

It's not the recording itself..its the dissemination with intent to portray him as a racist. Recording a private conversation and taking it to the press to cause embarrassment?
A lot may come down to her intent (mens rea) ..was she trying to serve some public good or harass a guy who scorned her?
Civil cases are not as straightforward as criminal cases. Some courts will find that one thing may meet a standard, and others will find that it does not.


I wish I could find the article that was a little more relevant than the porn one..but the porn case makes it easy to understand the tort concept better.
 
MrX
I'm not trying to be argumentative, I just think that if this is actionable, then just about every scandalous expos of a public figure would be actionable.
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I understand what you are saying. Again I think her intent plays in quite a bit to actionability. The intent of a rag magazine is to make money, not to humiliate a public figure.
 
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