Exam 9: Business Torts

Contract interference is remedied by a suit for breach of contract.

A local liquor store posts the checks of customers that are returned from the bank.The store manager says the public display of the checks is a good way to deter other bad-check writers.The display of the checks is:

Few states follow the doctrine of contributory negligence.

A witness in a high profile criminal trial is a public figure.

"Car dealers are crooked" is an example of actionable defamation.

The use of someone's voice for commercial purposes without their permission is appropriation.

The reasonable person standard is the standard of duty for purposes of establishing negligence.

The reasonable and prudent person standard is not used for establishing contributory negligence.

The use of someone's photo for commercial purposes without their permission is appropriation.

Employer privilege statutes apply even when there is intentional misrepresentation.

Posting false information in a chat room is not sufficient to establish defamation.

Troy Nolan,age 17,was in a Games and Stuff store browsing.Troy frequented Games and Stuff but did not always make a purchase.After 45 minutes of looking,Troy picked up his skateboard,put his hand in his pocket,and headed toward the door.The day manager yelled from the back of the store to the cashier at the front of the store,"Stop the kid with the skateboard.He's stolen two games." There were 22 people in the store who heard the statement.Troy had not taken the games.Troy:

Hamburger Hamlets,Inc.is a chain of fast-food restaurants.Its major competitor is Sam's Sandwiches,Inc.Sam's Sandwiches' public relations vice president issued the following statement,"We have documented proof that Hamburger Hamlets uses horse meat in its burgers." Which of the following statements is true?

The failure to follow industry code is a breach of duty.

Discuss why whistle-blowers should receive some kind of protection from defamation claims.

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 the city use as a defense in the case?

A newspaper photographer entering a delivery room and taking a picture of Julia Roberts delivering her twins has invaded her privacy.

Rex Crim is an International Harvester dealer from Henderson,Texas.At the request and expense of International Harvester,Crim traveled to Phoenix,Arizona,for purposes of the demonstration of a new vehicle called the International Scout,designed to compete against the Jeep.Crim went to the proving grounds in the desert around Phoenix and spent a day watching the vehicle demonstrations.Crim and other dealers drove the vehicles and much dust resulted from their driving.A few weeks later Crim became ill with flu-like symptoms.He was finally diagnosed as having coccidioidomycosis or "Valley Fever." Valley Fever is a disease well known to Arizona residents and most have had it if they have lived there over ten years.Newcomers are particularly vulnerable to the disease since the exposure to dust seems to build up immunity among the residents.??Crim became quite ill and brought suit against International Harvester for its failure to warn him about the Valley Fever phenomenon before he came out to the testing grounds.Was International Harvester responsible for warning Crim? Is there negligence in the failure of International Harvester to warn Crim?

Which of the following constitutes a defamatory statement (assuming the statements are untrue)?

Contributory negligence,if established,is a complete defense to negligence.