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Brad believes that his wife, Janet, is having an affair with her chiropractor, Dr. Frank. He hires an appropriately licensed private investigator, Riff, to
Brad believes that his wife, Janet, is having an affair with her chiropractor, Dr. Frank. He hires an appropriately licensed private investigator, Riff, to follow Janet and confirm or deny his (Brad's) suspicions. Riff carefully and discretely follows Janet as she goes to an out-of-the-way motel. Riff stays in his parked car, but watches as Janet goes into the lobby, gets a key from the desk clerk, leaves the lobby and goes into a room. The room Janet enters has an external door, accessible from the parking lot, rather than from the motel lobby. Janet never sees Riff and has no idea that he's been following her. Not long after Janet goes into the room, Dr. Frank drives into the motel parking lot and parks his car. Dr. Frank walks directly from the parking lot and knocks on Janet's room's door. Janet opens the door and Dr. Frank goes into the room. The door closes behind them. Riff waits in his car until Janet and Dr. Frank leave the room together. Riff then takes pictures of the two, with the outside of the motel room door clearly visible in the background. Janet and Dr. Frank still do not know Riff is there and have no idea that he took their picture. Riff later gives the pictures to Brad. When Janet finds out about the pictures, she is furious and deeply traumatized. She wants to file a lawsuit against Riff. What claim could she allege, and why? O Invasion of privacy, as Janet had a reasonable expectation of privacy, and it was invaded in a highly offensive manner when Riff took pictures of her. O Assault, as giving the pictures to her husband puts Janet in reasonable apprehension of imminent physical harm O Intentional infliction of emotional distress because Riff's actions were extreme and outrageous. O Defamation, because giving Brad pictures of her and Dr. Frank falsely conveyed the message that she and Dr. Frank were having an affair. There is no viable claim that Janet can bring against Riff.
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