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MMLU / During a baseball game, a spectator watching the game started taunting one of…

Problem

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question

During a baseball game, a spectator watching the game started taunting one of the players for striking out. Annoyed by the taunts, the player started an argument with the umpire. When the umpire told the player to be quiet and go back to his team's bench, the player became enraged and savagely attacked the umpire, hitting him in the head with a bat. The spectator who had taunted the player was overcome by humiliation and horror at what occurred, because he was a good friend of the umpire. The spectator suffered no physical injury, but experienced severe nervous shock and brooded over the incident for months. If the spectator asserts an action for intentional infliction of emotional distress against the baseball player, the spectator will

choices

  1. win, because the player's conduct was extreme and outrageous.
  2. win, because he was present and witnessed the attack.
  3. lose, because he was partly responsible for causing the attack to occur.
  4. lose, because the umpire was not an immediate family member of the spectator.

subject

professional_law

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