Exam 10: Torts Affecting Business

Punitive or exemplary damages do not apply to willful and wanton negligence.

The contributory negligence defense allows a defendant to

Defamatory remarks are presumed false unless a defendant can prove their truth.

Teresa,the manager at Victory Corp.,warns Samuel who performs poorly throughout the year that he would lose his job if he did not perform well.Later that evening,Samuel sends Teresa an e-mail from an anonymous address in anger,threatening to harm her.The next day,Samuel realizes his mistake and apologizes to Teresa.In this case,Teresa can sue Samuel for ______.

Briefly explain compensatory damages.

While applying for a loan,Hilary intentionally omits the fact that she declared bankruptcy recently and still has bad debts.The bank processes the loan based on the information provided by her.What type of tort has Hilary committed?

Briefly explain the strict liability of common carriers for damage to goods being transported by them.

Tracy works as a personal assistant to James,the marketing head of Hector Corp.James proposes to Tracy,but she turns down the proposal.James then burdens Tracy with a lot of work,humiliates her in meetings,and makes offensive advances that make her feel uncomfortable.Tracy becomes anxious and worrisome,which results in constant headaches and rising blood pressure due to stress.Eventually,James fires her citing her inefficiency as the reason.Tracy decides to file a lawsuit against James for the humiliation he caused her.Briefly discuss how Tracy can recover damages from James in this case.

If a professor,during a class,accuses a student of being a thief when in truth the student has never stolen anything in his life,the professor is guilty of libel.

John rents a movie from a video store,but instead of returning it,he lends it to Sam who accidentally loses it.In this case,John commits the tort of ______.

Jim,a restaurant manager,punches a customer for his uncouth behavior toward a waiter.In this scenario,the customer can sue Jim for ______.

The acts imposing strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons are called ______ acts.

How does providing insurance undermine arguments for awarding punitive damages against companies for their economic activities?

Briefly discuss how some torts are crimes,while some torts are not.

In disparagement cases,a plaintiff must establish the falsity of a defendant's statements.

In most states,the courts impose strict liability in tort for types of activities they call ultrahazardous.

Only individuals can sue for defamation,not corporations.

______ takes place when one who has a duty to act reasonably acts carelessly and causes injury to another.

What are the problems that arise when calculating compensatory damages?

In a fit of anger,a store manager hits a customer with a wrench.Discuss the suit the customer can file against the store manager.