Law for Business 10th Edition by James Barnes,Terry Dworkin,Eric Richards

Exercise 7

Deli was head of the University of Minnesota (UM) women's gymnastics team, and her husband was assistant coach. They used UM equipment to tape a game in Florida. The husband also used the equipment to tape them having sexual relations during their stay in Florida. On the plane home, a player asked to see the tape to review the team's performance, and the husband gave it to her. Before Deli could recover the tape, several students and another assistant coach watched it; a parent of one of the students complained to the athletic director about the sexually explicit tape. The athletic director demanded the tape and promised that she would not view it. At the direction of UM's legal counsel, the director viewed it and took notes on the tape's content. Deli, who was fired for reasons unrelated to the tape, sued for breach of contract and promissory estoppel. Can she recover for the emotional distress of having the tape viewed?