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Exam 8: Tort Law

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Question 41

Multiple Choice

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[Hair Stylist Woes] Ryan, a college student, went to see his hair stylist, Melissa. Ryan, who had black, curly hair, requested straight, blond hair. Melissa told him that she could make those changes, but that there would be significant upkeep involved. Melissa made the changes, but Ryan did not do the upkeep required. Ryan proceeded to falsely claim that Melissa did not do what Ryan asked her to do, that Melissa lied to him, and that Melissa was professionally incompetent. Ryan made the statements about Melissa to friends of his. He also wrote a letter to his college newspaper saying that Melissa's shop should be avoided at all costs because Melissa was incompetent. In fact, Melissa was a good hair stylist and enjoyed a good reputation up until the time that Ryan started his criticism. Melissa threatened to sue Ryan for defamation, but Ryan told Melissa that she could not prevail because she could not prove loss of income. Melissa had to admit that while her reputation had been damaged somewhat and she felt embarrassed and humiliated, the damage was primarily among the college population. Her income kept increasing from other segments of the community, and she had suffered no net loss. All her appointment times were booked for weeks ahead. -As far as the letter to the newspaper is concerned, which of the following is true in regards to Ryan's statement that Melissa cannot recover because she cannot show loss of income?

A) Ryan is correct.
B) Ryan is correct only if he can establish that he did not intend to cause economic loss to Melissa.
C) Ryan is incorrect because his actions would be considered libel per se.
D) Ryan is incorrect because general damages would be presumed.
E) Ryan is incorrect because Melissa has proven special damages.

F) C) and E)
G) C) and D)

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Question 42

Multiple Choice

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Which of the following would constitute the privacy tort of false light?

A) Attributing characteristics or beliefs to a person that he or she does not possess.
B) Disclosing private facts about a person in order to obtain some sort of personal gain.
C) Defaming a person with actual malice.
D) Defaming a public figure.
E) Defaming a public figure for personal gain.

F) A) and D)
G) B) and E)

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Question 43

True/False

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Proving that consent occurred is a defense to battery.

Carlos, who has a large trust fund, is angry with Isabel because she stopped dating him. Isabel ran a successful dog grooming shop, but Carlos decided to open a dog grooming shop next door and charge less than it would take to make a profit, solely to run her out of business. Which of the following is correct?

Nominal damages are trivial damages intended to recognize that a defendant committed a tort against the plaintiff.

Defense of property cannot be a defense to a claim of battery.

Which of the following would constitute false imprisonment?

If a court awards $1 million to compensate an injured plaintiff for medical bills, loss of wages, and pain and suffering, this is an example of compensatory damages.

Explain the concept of absolute privilege in the context of defamation and set forth the two situations listed in the text in which it is applied. Discuss whether you believe each category of absolute privilege should be eliminated.

What law gives immunity to providers of interactive computer services for liability they might otherwise incur because of material disseminated by them but created by others?

Matt intends to throw a baseball at Jamal and hit Jamal in the head with the ball because he missed an easy fly ball hit to him in the field. Jamal is standing directly next to Sally in the dugout. Matt throws the baseball but hits Sally in the head instead of Jamal. What type of tort did Matt commit against Sally?

Torts can be classified into three classifications in the U.S.: intentional, accidental and negligence.

Why does public figure privilege exist?

A business is upset about the tactics that a competitor is employing to gain business and sues the business. The plaintiff was not necessarily harmed in any way, but the court finds that a tort was committed and awards the plaintiff $10 in damages. This $10 in damages is an example of what type of damages?

[Hair Stylist Woes] Ryan, a college student, went to see his hair stylist, Melissa. Ryan, who had black, curly hair, requested straight, blond hair. Melissa told him that she could make those changes, but that there would be significant upkeep involved. Melissa made the changes, but Ryan did not do the upkeep required. Ryan proceeded to falsely claim that Melissa did not do what Ryan asked her to do, that Melissa lied to him, and that Melissa was professionally incompetent. Ryan made the statements about Melissa to friends of his. He also wrote a letter to his college newspaper saying that Melissa's shop should be avoided at all costs because Melissa was incompetent. In fact, Melissa was a good hair stylist and enjoyed a good reputation up until the time that Ryan started his criticism. Melissa threatened to sue Ryan for defamation, but Ryan told Melissa that she could not prevail because she could not prove loss of income. Melissa had to admit that while her reputation had been damaged somewhat and she felt embarrassed and humiliated, the damage was primarily among the college population. Her income kept increasing from other segments of the community, and she had suffered no net loss. All her appointment times were booked for weeks ahead. -In reference to the statements made to his friends, which of the following is true in regards to Ryan's remark that Melissa cannot recover because she has not suffered a loss of income?

Lizzy and her boyfriend Bobby are at the local restaurant. The two have been arguing and Lizzy says she has had enough and turns to leave. Bobby, who is substantially bigger than Lizzy, draws back his hand as if to hit Lizzy. Lizzy turns around and ducks just in time to avoid Bobby's punch. What, if any, tort can Lizzy sue for?

Penny points a gun at Jose and threatens to shoot him. Jose is very brave and not frightened. The police arrive and Penny is arrested without shooting Jose. What tort did Penny commit?

_______damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff.

A very wealthy defendant intentionally assaults his butler. The butler sues and the wealthy defendant is found to have committed a tort. The court decides to award punitive damages. In determining the amount of punitive damages, what are some factors that will be taken into account?

[Pet Police] Min-ji breeds German Shepherd dogs. Daniel, who lives down the street, took in a stray dog loosely identified as a Corgi-plus. The dog, Casanova, would definitely be classified as a mixed breed. Daniel allowed Casanova to roam freely. Unfortunately, Casanova went to visit Min-ji's purebred German Shepherd. Mixed breed puppies resulted from the visit. Min-ji was incensed. She started a campaign to round up all of the stray dogs, including Casanova, and haul them off to the animal shelter. She picked up a few cats as well. She posted signs all over the neighborhood saying that no animal, neither dog, cat, nor fowl, should come into her yard and that she was going to begin shooting the next time an animal entered her property. Daniel and some of the other neighbors took offense. Daniel came to Min-ji's house while she was working in the yard. He walked behind her and shoved her. Min-ji did not see him coming. Min-ji turned around and proceeded to have a heated conversation with Daniel. Min-ji then drew her fist back and told Daniel that she was going to punch him in the nose. Min-ji raised back her arm and started to punch Daniel but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Liz, who was walking by on the street, saw Min-ji attempting to hit Daniel. Liz came over and grabbed Min-ji's hands, pinning Min-ji 's hands behind her back. -Considering Daniel's shoving of Min-ji in the back, which of the following is true?