Exam 9: Business Torts

Shirley Raphart was using the crosswalk on a street near her office.The light was red,but Shirley stepped in to the crosswalk anyway because she was texting.Janice Godfrey,who was driving her car in the other direction,had a green light and did not see Shirley because she also was texting.Janice struck and injured Shirley,who was hospitalized.Shirley brought suit against Janice.Which of the following statements is true?​

A tort is a private wrong carrying criminal penalties.

The Arizona Daily Desert View carried a story on a recent E-Coli problem in a Phoenix fast food restaurant.The story included a history of Arizona E-Coli incidents and indicated that the Saguaro Grill had an E-Coli problem in 1999 that resulted in the hospitalization of seven customers.Suppose that the restaurant that had the E-Coli outbreak in 1999 was Saguaro Buffet,not the Saguaro Grill.The Arizona Daily Desert View:

Only libel requires proof of publication.

"I think she is a crook," is defamation.​

It is possible that those who write letters of recommendation could have liability for the content of those letters.

Writing a glowing letter of recommendation for someone in your organization who was accused of misconduct without mention of the charges can result in liability.

When skiing,those participating assume the risk of poorly marked trails.

Running a red light is a breach of duty for negligence purposes.

The disclosure of private but true facts is not an invasion of privacy.

For public figures the media has a qualified privilege.

HIPAA is a federal law for medical privacy.

What advice would you give to a friend who has been asked to write a letter of recommendation for an employee who was not a good employee,but who was not told of her poor performance?​

The tort of false imprisonment:

Proximate cause need not be established in negligence cases.

Discuss why there may be liability for writers of letters of recommendation that fail to include relevant employment-related information

Anne Argent runs a Water 'n Ice store located near a thrift store in a strip mall that has only Ann's store and the thrift store as tenants.The remaining stores in the strip mall are vacant.Anne's customers are largely junior high and high school students who ride their bikes to her store from the neighborhoods surrounding the strip mall.They park their bikes outside Anne's store while they are inside buying drinks,ice cream,and candy.In the past 10 months,12 bikes have been stolen from outside Anne's store.Discuss any liability Anne might have and why.

A screensaver program that uses the likeness of a person is commercial appropriation.

Galley,Inc.has a contract for operating the kitchen at the Palm Crest Hotel in Miami,Florida.Mealco has approached Palm Crest's director of operations and stated,"Look,sign with us.We'll take care of whatever damages you owe Galley." Mealco's statements:

This term is given to witnesses who do nothing while a crime is being committed out of fear,apathy,or a mistaken belief that someone else will help the victim.