Exam 6: Torts

The Communications Decency Act:

A salesclerk at Braybon's Department Store observed a customer remove a ring from a display case and put it in her purse.In most states,Braybon's cannot detain the customer for more than ten minutes for suspicion of shoplifting.

An Internet service provider may be successfully sued for defamation based on a posting on its bulletin board.

A salesclerk at Sparkle Jewelry Store observed a customer remove a ring from a display case and put it in his pocket.In most states,Sparkle:

Opinion is generally a valid defense in a defamation lawsuit because it cannot be proven to be true or false.

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,she will need to show that:

Jerry believes his co-worker,Ben,is using illegal drugs.Since both he and Ben are nurses,Jerry is concerned Ben's drug usage could result in injury to a patient.He tells his supervisor,Cyndi.Cyndi talks with Jerry about the alleged drug usage and Ben produces a bottle of prescription medicine he is required to take for high blood pressure.The medication does not affect his ability to do his work.When Ben learns it was Jerry who reported him,Ben claims that Jerry committed an act of defamation when Jerry told Cyndi he used illegal drugs.Is Ben right?

Identify and discuss two specific causes of action a plaintiff can allege that deal specifically with privacy rights.

Res ipsa loquitur shifts the burden of proof from the defendant to the plaintiff to prove factual cause and foreseeable type of harm in order to establish negligence.

In a negligence case,the plaintiff must establish:

The elements in a defamation case are:

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.

In order for a plaintiff to prevail in a suit for slander,the plaintiff generally must prove some injury.

A tort is a violation of a duty imposed by the criminal law.

In awarding punitive damages,a court must consider:

A tort action differs from a contract action in which of the following ways?

Lori works for Big Corporation as an "at will" employee.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.

Written defamation is called "libel."

Dewayne sold a space heater to Vivian,telling her it would heat a 200-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.

Trein,Inc.entered into a one-year,$1 million contract with Mia,a sports celebrity,to promote Trein's products.E-presto Inc.,a competitor of Trein,was interested in having Mia promote its products and knew of her contract with Trein.E-presto offered Mia a three-year,$5 million contract.Mia left Trein and signed with E-presto.Which statement is correct?