An Analysis Of Nurse Sade

2048 Words9 Pages
The next concern, Nurse Sade’s “practical joke” on Amanda. Being aware of Amanda’s love of geese, Nurse Sade placed three dead geese on the widescreen of Amanda’s car (an act that is unnerving, gruesome and outrageous). Once more, we turn to Wilkinson v. Downton for precedence. By this act, Nurse Sade has intentionally inflicted emotional against Amanda. In the same way Mr. Downton told Mrs. Wilkinson that her husband had been badly injured with the hope that she would take his reports as the truth, Nurse Sade did place these geese on the car of Amanda with the hope that Amanda would believe the geese to be her possession. Consequently, Amanda “breaks down in a state of extreme and [is in a state of] incoherent distress”. The effect of this…show more content…
Harm in pretending to shoot herself against the same measure we have just used to assess her liability in publishing her book. Firstly, was her conduct outrageous and/extreme. Definitely. The feigning of suicide to punish Prester for the illness of Prester is an extreme act. I do not think anyone would find it otherwise. Secondly, was the act of pretending to shoot herself demonstrative of actual or constructive intent to cause harm to Prester? To answer this question one may ask oneself, “What are the foreseeable possible outcomes of this act?” Prester’s reaction would prove to be a very reasonable outcome as a result of Amanda’s conduct. The issue could be further analyzed in the same manner as Wright J in Wilkinson v Downtown. Paraphrasing his words, one may ask whether Amanda’s act was so plainly calculated to produce some effect of the kind which was produced that an intention to produce it ought to be imputed to Amanda, considering also, the fact that Prester was a person of ordinary state of health and mind. Once, more I think this to be the case. I cannot imagine that such a course of action could be done by one spouse in the presence of the other and would fail to produce grave effects under the circumstances upon any but an exceptionally indifferent person (or spouse). The final condition, did Prester suffer from actual harm resulting from Amanda’s conduct? That is clearly the case. Prester fainted, fell against a sharp table edge and broke several ribs. Mrs. Harm is prosecutable on these grounds. The American Law Institute's Restatement of the Law: Torts (2nd ed) (1965), section 46(1)

    More about An Analysis Of Nurse Sade

      Open Document