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The cookie settings on this website are set to 'allow all cookies' to give you the very best experience. Please click Accept Cookies to continue to use the site. Public officials and public figures receive less protection from defamation than private people.
True b. In a strict liability case, the courts still consider if the defendant acted in a reasonable and prudent manner. Opinion is generally a valid defense in a defamation lawsuit because it is not meant to be a factual statement. In order for a plaintiff to win a case involving intentional infliction of emotional distress, she must prove the defendant acted in an extreme and outrageous manner. Under Section of the Communications Decency Act, Internet service providers are held responsible for defamatory postings by their members or users.
Most states recognize some form of comparative negligence. If Gloria threw a rock which hit Merle, she is liable for an intentional tort of battery only if she intended to injure or harm Merle. Richard, owner of a small store, offers to pay Lori much more money if she will leave Big Corp and work for his store.
When Lori starts to work for Richard, Big Corp correctly claims Richard is liable for tortious interference with a contract. A defendant who engages in setting off frreworks at a fully licensed Fourth of July show is liable for harm that results from the activity only if the plaintiff proves the harm was foreseeable.
Dewayne sold a space heater to Vivian, telling her it would heat a square-foot area, even though he knew it would effectively heat only about one third of that space. Dewayne is liable for the intentional tort of fraud. Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous. The tort of exploitation prohibits someone from peeping through your window or wiretapping your telephone.
Which of the following statements about torts is correct? A tortious act is always a criminal act. A criminal act is always a tortious act. A tortious act may also be a criminal act.
All of these are correct. Jim told his manager, Lana, that a co-worker, Diane, had been in prison for theft.
Lana checked into the matter and, when she learned that Diane had served time in prison for theft, fired her. Jim is liable to Diane for defamation. Jim is liable to Diane for defamation only if she is a public figure. Jim is not liable to Diane for defamation. A national magazine published an article about a famous television star. The television personality is upset because the information contained in the story is not correct. If the actress sues the magazine:a. Which of the following elements is not necessary to apply the doctrine of res ipsa loquitur?
An ultrahazardous activity is involved. The defendant had exclusive control of the thing that caused the harm. The harm would normally not have occurred without negligence. The plaintiff had no role in causing the harm.
Adam decided to play a practical joke on Linda, a co-worker. As Linda was leaving the office one night, Adam, wearing a mask, stepped out from behind some bushes. He pointed a handgun made out of licorice at her and demanded her purse.
Linda was very scared during the whole incident. She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back. Which statement is correct? Adam committed an assault but not a battery. Adam committed a battery but not an assault.
Adam committed an assault and a battery. Adam committed neither an assault nor a battery since he used a candy gun and was only playing a joke onLinda. The intentional tort of battery involves conduct in which:a. Trein, Inc. Mia left Trein and signed withE-presto. Trein is liable for tortious interference with a contract. Mia is liable for tortious interference with a contract.
E-presto is liable for tortious interference with a contract. Both Mia and E-presto are liable for tortious interference with a contract. If Trein sues E-presto for tortious interference with a contract, E-presto:a. What guidelines has the Supreme Court set forth when awarding punitive damages in most cases?
Punitive awards should not exceed compensatory damages by more than a factor of nine. The Supreme Court has not set any limits for punitive awards. Punitive awards should not exceed compensatory damages by more than a factor of one hundred. A company that makes a commercial with a person who does an excellent, realistic job of pretending to be a famous movie star could be sued by the real actor for the tort of:a. Which of the following is a valid defense to a defamation claim?
The statement was true. The statement was only an opinion. The person making the statement made it only to the plaintiff, not to any third parties. All of these. Jane tells John that Ann was arrested for stealing a car. The story is entirely false. Ann is not a public figure. Which of the following torts has Jane committed? Slander per se b. Ordinary Slander c. Angela sued Tom for battery. Under the single recovery principle:a. Angela will be able to submit the additional medical bills to the court for payment.
Tom will have to pay the additional medical bills. Tom will have a qualified privilege and only have to pay a portion of the additional medical expenses.
Angela will have no recourse against Tom or the court for the medical expenses as long as the original award was reasonable. Janet driving 40 mph over the posted speed limit. Ted keeping explosives in his private, locked garage without complying with state law regulating the storage of such materials.
A retailer selling glue containing benzene to a year-old boy in violation of state law. Negligence concerns harm that:a. A plaintiff sues in negligence but has no direct proof that the defendant behaved unreasonably. Which of the following is most likely to help the plaintiff? Res judicata. Stare decisis.
Res ipsa loquitur. Howson won a lawsuit against Hardwick for intentionally inflicting emotional distress. Supreme Court? Which of the following statements regarding a negligence case is correct? In awarding punitive damages, a court must consider:a. Don was standing in a cafeteria line holding a plate. Tim was upset with Don. Tim has committed:a. In a negligence case, the plaintiff must establish:a. If Wilma sues Paula for battery, what damages is Wilma likely to receive?
Wilma can receive money for medical expenses she proves by producing bills from her medical providers. If a doctor testifies that she will need future treatment, she may also be awarded the expected cost. Also, Wilma may receive payment for pain and suffering.
Punitive damages, intended to punish the defendant for conduct that is extreme and outrageous, are awarded in relatively few cases. Tiger offers a larger base salary with bigger commissions than she had with Zebra. When Tracy leaves Zebra, it sues Tiger Toys claiming it intentionally interfered with acontractual relationship.
Books by Jeffrey F. Beatty
Jeffrey F. Beatty, J. The highest honor for teaching conferred by the ALSB, this award is dedicated to the communication and recognition of creative teaching practices of business law. Prior to his joining the faculty at Boston University, Professor Beatty worked for several years as a legal aid lawyer, concentrating on general civil litigation. He also practiced in a private firm, where he concentrated on general civil litigation, including trials and appeals of tort, contract, employment, and property cases. Professor Beatty wrote television scripts and plays that were performed in Boston, London, and Amsterdam. Susan S.
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Beatty Author , Susan S. Samuelson Author. Beatty, Susan S. Preview the MindTap case Jeffrey F.
Essentials of Business Law
No other text conveys such a passion for this profoundly important discipline. Delivering the material in their signature engaging style, the authors pepper their writing with a focus on human conflict that illustrates legal issues from the business manager's perspective. Jeffrey F. Beatty, J. The highest honor for teaching conferred by the ALSB, this award is dedicated to the communication and recognition of creative teaching practices of business law. Prior to his joining the faculty at Boston University, Professor Beatty worked for several years as a legal aid lawyer, concentrating on general civil litigation.