Bar Exam (US) Torts: In June 2004, Hondo Kim, a Japanese businessman, opened an Oriental health ...

Question

In June 2004, Hondo Kim, a Japanese businessman, opened an Oriental health and massage parlor known as The Pleasure Temple, which was located at 6969 Frye Street in San Francisco. The Pleasure Temple featured attractive Oriental masseuses who specialized in the art of body massage. In addition, the Temple provided health club facilities such as saunas, steam rooms, and whirlpool baths.

Prudence Beck, a seventy-five-year-old spinster, resided across the street from the Temple. Prudence opposed the opening of the Temple because she believed that it was a "cover" for a bawdy house. During the day Prudence sat in her rocking chair on her front porch and observed a constant stream of businessmen entering the Pleasure Temple.

On the evening of June 29th, Prudence, disguising her voice, called The Temple and told Mr. Kim, "You pimp, you purveyor of sluts, why don't you take your dirty trade elsewhere." Without paying any attention to the call, Mr. Kim hung up.

Prudence then began making repeated obscene telephone calls to Mr. Kim's establishment. Every hour on the hour for the next three weeks, Prudence made her crank calls harassing Mr. Kim and his employees. As a result of the hourly phone calls, the Temple business was constantly disrupted, causing Mr. Kim to suffer a decline in the volume of customers. After contacting the police, Mr. Kim discovered that Prudence was the person making the harassing phone calls.

If Mr. Kim asserts a claim based on invasion of privacy against Prudence for the telephone calls, the most likely outcome is that Mr. Kim will

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    prevail, since the telephone calls intruded upon his seclusion and solitude
  2. B
    Correct Answer
    prevail, only if Mr. Kim was able to prove malice on the defendant's part
  3. C
    Correct Answer
    prevail, since the telephone calls caused Mr. Kim to suffer economic hardship
  4. D
    Correct Answer
    not prevail, since Prudence believed that her actions were in the public interest
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