Exam 8: Intentional Torts and Business Torts

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 will be able to detain the customer for suspicion of shoplifting.

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 but knew of her contract with Trein.E-presto offered Mia a three-year,$5 million contract.Mia left Trein and signed with E-presto.If Trein sues E-presto for tortious interference with a contract,E-presto

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?

John was driving home one night in a terrible snow storm when his car stalled.He managed to push the car onto a small shopping center's parking lot.The next day about noon he came to get the car and it had been towed away by the owner of the parking lot.The owner explained she had to remove the car to clean the snow off her lot and told John where the car had been towed.Which statement is correct?

Public officials can win a defamation case only by proving the defendant's actual malice.

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

A witness testifying in a court or legislature may never be sued for defamation.

Discuss the four elements that must be proven in order to win a defamation case.

Tracy is an employee of Zebra Toy Company and both parties are free to terminate her employment at will.One afternoon she has lunch with a friend who works in marketing for her company's biggest competitor,Tiger Toys.Over a period of about three months,Tiger Toy representatives convince Tracy to work with them.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 a contractual relationship.Will Zebra Toy Company be successful?

As assistant manager of a discount department store,you have been asked to review the store's policy concerning shoplifters.(a)Discuss the legal standard used in most states governing the detention of suspected shoplifters.(b)In reviewing the store's policy,discuss some of the items that you will consider.

Don was standing in a cafeteria line holding a plate.Tim was upset with Don.Tim turned Don around and grabbed the plate out of Don's hand.Tim then held the plate up and threatened to break it over Don's head.Tim has committed

The money intended to restore a plaintiff to the position he was in before the injury is referred to as

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.

Ahmi was a witness in a lawsuit.When asked why he fired Rana,Ahmi replied,"Rana was fired for willful misconduct." Indeed,Rana had not engaged in any misconduct.Rana will be able to successfully sue Ahmi for defamation based on what Ahmi said in court.

The First Amendment guarantee of freedom of speech is an absolute right.

Rodney was employed by Deluxe Discount Store.Rodney's manager directed him to check the prices of dog food at Huge Savings Store.The manager of Huge Savings Store saw Rodney writing down prices and asked him to leave.Rodney,fearful that he would be fired by Deluxe,refused to leave.Rodney committed the tort of

Which of the following is a valid defense to a defamation claim?

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,

Wilma's arm is broken when Paula knocks her down during an argument.If Wilma sues Paula for battery,what damages is Wilma likely to receive?

The Supreme Court has held that in awarding punitive damages,a court must consider three "guideposts." Which of the following is NOT one of these guideposts?