Question: A gardener employed at the estate of a wealthy political candidate covertly entered her office and planted a bug which was able to copy and receive the private emails she exchanged with her husband. The gardener had agreed to sell the emails to a national tabloid for a large sum. Unknown to the gardener, a surveillance camera in the office captured the entire incident. The bug was removed by in-house security personnel. The gardener was apprehended before he could send anything to the tabloid and was terminated immediately. The candidate was away fundraising at the time of the security breach. Before the bug was removed, she had sent her husband several emails on the server prior to being informed of the incident. If the candidate brings an action against the gardener, on what basis will she likely prevail?