Exam 9: Business Torts

____ states provide a qualified privilege for letters of recommendation.

Members of Congress enjoy an absolute privilege for their speech while on the floor.

The duty of a reasonable person extends beyond statutory duties.

Businesses are never liable for criminal activity on their premises.

The tort of contract interference requires knowledge of an existing contract between two parties.

Which of the following is not an intentional tort?

A newspaper running a picture of Julia Roberts' twins has invaded her privacy.

The Palsgraf case expanded the notion of causation.

A magazine ad features a photo of the head of Albert Einstein placed atop the photo of a young,muscular torso with loads of tattoos and the top of his underwear showing.The ad is one for General Motors and features the line,"Ideas are sexy,too." The Hebrew University of Jerusalem was given the rights to Mr.Einstein's works and names by his family when he died.GM says that it purchased the rights to use the Einstein photo from a reputable licensing firm.What would be the basis of a suit by the University against General Motors?

Three boys were leaving Wal-Mart when they were stopped by plain clothes security officers.One officer said,"Those shirts that you have on were stolen." One boy said,"You can't be serious." The officer responded,"Yes,I am.Come with me." The boys then went with the officers to a side door and into an office.The boys' parents have filed suit against Wal-Mart.Discuss what their suit might be for and what defenses Wal-Mart has.

The purpose of causation is to tie the breach of duty to the resulting injury.

Cynthia Fromm and Delores Rankin left after their fall semester finals for a four-day skiing trip in Northern Arizona.During their return drive,they hit a severe snowstorm and were having difficulty with directions.They took a wrong turn onto a road that is closed during the winter months and is not plowed.The winter barricades for the road were not yet in place.Fromm and Rankin were soon stuck in the snow.They remained in their vehicle for 11 days until they were rescued by snowmobilers.Both had severe frostbite.Fromm lost both feet.Rankin lost all of her toes.Both filed suit against the state of Arizona for its failure to put up barricades in a timely fashion.Should the state be held liable?

The employer privilege statutes provide employers with some defenses for candor in references.

Ms.Leitch was having a glass of champagne in the outdoor section of a restaurant in Delray Beach,Florida on New Year's Eve.She was hit by a stray bullet and injured.There had been stray bullet injuries in the past on the streets of Delray on New Year's Eve,but the city did not issue any warnings to revelers prior to New Year's Eve.Ms.Leitch has filed suit against the city of Delray Beach to recover for her medical costs,lost wages,and physical pain and suffering.​ -What will Ms.Leitch use to establish duty in her negligence case against the city?

All states provide some form of immunity for people who stop and help but make mistakes in offering their assistance.

Which of the following is/are HIPAA requirements?

Singer Courtney Love tweeted several posts on her Twitter feed as well as her MySpace page that a clothing designer "bullied victims,stole,sold drugs,drank three bottles of vodka," and "is a danger to society." The designer sued Ms.Love for defamation.Which of the following would be a defense for Ms.Love?

Defamation cannot exist in cyberspace because there is no evidence that someone heard or understood the statements.

Newspapers have an absolute privilege with respect to defamation suits.

Proximate cause is the same thing as causation.