business law exam 2

damages are...

*the same for intentional and unintentional torts

tort reform

-about half of the states have passed statutory limits on tort awards -in most cases, a jury can award whatever seems reasonable for economic damages. -non-economic damages usually may not exceed a prescribed limit, such as 3 times the economic damages, or a flat cap such as $250,000 total

1. assault

-an action that causes the victim to fear an imminent battery -can occur without the battery ever happening -pulling a gun on someone---even if it unloaded---it is usually considered assault*

what are some types of torts?

-defamation: making a false statement about someone -negligence: performing wrong surgery -interference with contract: stealing a client away from a competitor -fraud: offering to sell something that doesn't exist -assault and battery*: the unlawful touching of another

categories of tort law

-intentional torts -negligence and strict liability (the nonintentional tort)

Bobby sues Larry for negligence from 2018 (it was awful; Larry rear-ended Bobby's car and totaled Bobby's smart car). Bobby suffered back pain. He won the lawsuit for $100,000. It's now six years later (2014) and Bobby still has problems with his back. His doctor told him it was the result of the 2018 incident. Bobby required additional medical expenses of $75,000.00. Can Bobby bring another lawsuit for the additional surgery? No. The single recovery rule prohibits multiple lawsuits for an incident. Bobby should have asked for future damages at the first trial. No. Bobby waited too long to bring the second lawsuit. It's known as the statute of time lapse. Yes. The single recovery rule allows a plaintiff to sue for one set of legal theories and recover, and it allows for additional single issues to be addressed in the future. You Answered Yes. The single recovery rule allows for the plaintiff to recover damages every single time.

No. The single recovery rule prohibits multiple lawsuits for an incident. Bobby should have asked for future damages at the first trial.

negligence

THE UNINTENTIONAL TORT it is not like intentional torts it is an ACCIDENT

accountant aaron, employed with KPMG, is given a tax return to prepare for the April 15, 2019, tax deadline. aaron fails to prepare the taxes in time for the client to file for the tax deadline. which statement is correct?

aaron has committed the *intentional tort of professional malpractice because he intentionally failed to prepare the tax returns by the deadline aaron has committed the *intentional tort of negligence aaron has committed the unintentional tort of negligence aaron has committed the *intentional tort of conversion A and B C- negligence is an unintentional tort, look at the other answers keywords

6. nuisnance

an activity of one's property that endangers the life or health of another or interferes with the reasonable and comfortable use of the property of another -ends with a sue -must be imminent

disparagement*

another business tort an untrue statement made by one person or business about the products, services, property or reputation of another business

unfair competition

another intentional tort against economic interests -this intentional tort exists because of American views about the purpose of a business -Americans believe a business is intended to make a profit, and the law protects businesses acting on this profit motive

tort law*

based on an obligation imposed by the law with no agreement needed between parties; victim prosecutes (files a lawsuit) and receives compensation or restitution

contract law*

based on breach of an agreement between the two parties; victim prosecutes and receives compensation or restitution

criminal law*

behavior classified as dangerous to society; prosecuted by the government, whether victim wants to prosecute or not; money award goes to the government

m&m vs snickers

business entities rely on their reputation and the quality of their products and services to attract and keep clients or customers -that is why state unfair-competition laws protect businesses from disparaging* statements by competitors

special duty of care: hiring & retention

companies must be aware because they can be liable for hiring violent employees

what do you want when you sue?

compensatory damages -a jury may award compensatory damages---payment for injury---to a plaintiff who prevails in a civil suit

key terms for negligence

contributory negligence comparative negligence dram shop laws assumption of the risk res ipsa loquitor product liabilty/strict liability licensee v. invitee v. children v. trespassers

what are the defenses to product liability

generally known danger abnormal misuse of the product supervening event---the manufacturer is not liable if a product is materially altered or modified after it leaves the seller's possession and the alteration or modification causes injury

duty of due care

if a defendant could have foreseen injury to a particular person, she has a duty to him -in some states, a social host serving alcohol to an adult may be found liable for harm done by the person drinking the alcohol -it is foreseeable that someone served too much alcohol could injury himself or others -*many states have "dram shop laws" making liquor stores, restaurants and bars liable for serving drinks to intoxicated customers who later cause harm -VIRGINIA DOES NOT HAVE A DRAM SHOP LAW -owners of property owe a duty of care to persons on their property depending on the person's status

factual cause

if the defendant's breach ultimately led to the injury, he is liable -does not have the immediate cause of injury, but must be the first in the direct line

know the difference between the defense of comparative and contributory negligence

in a comparative negligence state, the liability will be on a percentage of each party in other words, the trier of fact would place a percentage on each party. if the plaintiff were only 10% at fault, then the plaintiff would recover 90%. comparative negligence seeks to compensate the injured party at least for some part of his or her injuries, while contributory negligence is a total bar to any damage awarded to the plaintiff.

comparative negligence

in most states, if the plaintiff is negligent, a percentage of negligence is applied to both the defendant and the plaintiff -the plaintiff can recover from the defendant to the percentage that the defendant is negligent -a plaintiff found to be more than 50% negligent cannot recover at all

5. fraud

injuring another person by deliberate deception

business torts

intentional torts that occur almost exclusively in a business setting -Jessica has a contract with M&Ms -Lindsey owns Snickers and she knows about the contract Jessica has with M&Ms and offers her a better deal -Who is at fault? -Who committed the Tort?

3. trespass

intentionally entering land that belongs to someone else or remaining on the land after being asked to leave -keeping an object, such as a vehicle, on someone else's land and refusing to move it is also trespassing -you may be trespassing if you enter someone's property mistakenly believing it is public property

what is the difference between the interference with a contract and interference with a business relations?

interference with a contract means A CONTRACT EXISTS while interference with a business relations has no contract

interference with business relations continued

interference with prospective advantage exists when -there is a relationship which gives the plaintiff a reasonable expectation of economic advantage, even though no contract exists -the defendant maliciously interferes and prevents the relationship from developing -the defendant can justify the interference if he can prove one or more of these elements 1. he was protecting an existing economic interest 2. he was protecting a public interest 3. he was simply competing for the same business in an allowable business situation

7. defamation

irresponsible speech to harm another's reputation -written defamation is libel* -verbal defamation is slander*

*single recovery principle

mandates that the court must decide all damages---past, present, and future---at one time and settle the matter completely -damages may include money for three purposes 1. to restore any loss (such as medical expenses) caused by the illegal action 2. to restore lost wages if the injury kept the defendant from working 3. to compensate for pain and suffering

strict liability of products

may be imposed if 1. seller is in business to sell the product 2. the defective condition is unreasonably dangerous to the user 3. *the product reaches the user without substantial change 4. the seller exercised all reasonable care 5. there is no contractual relationship

strict liability

one who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, to his property, if: 1. the seller is engaged in the business of selling such a product* 2. it is expected to and does reach the consumer without substantial change in the condition in which it is sold 3. negligent design, manufacturing, failure to warn

What type of cause requires FORESEEABLE HARM?

proximate cause

9. intrusion

prying into somebody's private life, is a tort if a reasonable person would find it offensive examples) wiretapping, stalking, peeping -technology is creating new ways for a person's privacy to be exploited, and therefore creating a demand for new laws -the electronic communications privacy act prohibits unauthorized interception and disclosure of wire and electronic communication -the stored communications act prohibits unauthorized access to a facility through which an electronic service is provided

licensee

social guests or someone who is doing work on your property -*with social guests, you must have actual knowledge of some specific hidden danger to be liable not so with invitees

strict liability

some activities are so dangerous that the law imposes a high burden on them

special type of defamation: slander per se

some statements are so harsh and potentially damaging that the plaintiff is assumed to be damaged and does not have to prove injury -accusations of committing a serious crime -claims of having a sexually transmitted disease or being an unchaste woman (gender bias in the law) -alleged professional incompentence

invitee

someone who has a right to be on the property because it is public place or a business open to the public. the owner has a duty of reasonable care -you are liable even if you had no idea that something on your property posed a hidden danger to an invitee

what are elements?

something that a plaintiff must prove to win a lawsuit -plaintiff: the party (person or corporation) who bring the lawsuit because he was injured and sues the defendant -defendant: person or corporation being sued

three types of slander per se/defamation: opinion

to be defamation, the statement must be provable and not simply someone's opinion -vague terms in the statement usually indicate it is an opinion, not a provable fact -extreme exaggerations are usually not taken as fact

proximate cause

to be liable, this type of harm must have been foreseeable* -the defendant does not have to know exactly what would happen---just the type of event

damages

usually compensatory, designed to restore what was lost. in unusual cases, they may be punitive

what is a tort?

violation of a duty imposed by civil law -tort means "wrong"

10. commercial exploitation

when a person's image or voice is used for commercial purposes without that person's permission

product liability

when goods cause injury, there is a question of product liability -there are two main issues related to product liability that you need to be concerned 1. negligence---unreasonable conduct by the defendant 2. strict liability---policy while holds the defendant liable regardless of the behavior, caused by a defective product

special duty of care: professionals

while on the job, he/she must act as a reasonable person in her profession -so professionals like doctors, lawyers, architects, accountants and others owe a duty of ordinary care in providing their services. this is known as the reasonable professional standard -a professional who breaches this duty of care is liable for the injury his or her negligence causes -this liability is known as professional malpractice -if you are a professional, you are held to the same reasonable standard as another professional. because of your special training in a field, if you breach that duty, it is called malpractice

Are damages the same as in the intentional torts?

yes, the SAME

8. interference with business relations

Who is at fault? -interference with a contract exists if the plaintiff can prove these elements 1. there was a contract between the plaintiff and a third party and the defendant knew of the contract 2. the defendant induced the third party to breach the contract or make performance possible 3. there was an injury to the plaintiff -the defendant can justify the interference if he can prove one or more of these elements 1. he was protecting an existing economic interest 2. he was protecting a public interest 3. the existing contract can be terminated at will by either party

Remember the question with little John who was locked in the bathroom? John, locked in the bathroom, shouts and cries for help, banging on the door, but Sierra Mist does not release him for over two hours. John sues for false imprisonment; he claims that he has suffered great psychological harm because of the incident; his psychiatrist asserts that John may have unpredictable suffering in the future. After this lawsuit, may John return to court in the future to seek further damages?

Yes. A plaintiff may return to court at any time to recover any damages suffered. No. False Imprisonment does not provide for plaintiffs to sue at different intervals. No. The single recovery rule forces John to recover now for all past and future harm. Yes. John has psychological damages. They are ongoing and John may file a lawsuit for each year, bringing the defendant into court every year. c. The single recovery principle forces John to recover now for all past and future harm. He may not return to court later and seek additional damages. Only one bite of the apple.

breach of duty

a defendant breaches his duty of due care by failing to behave the way a reasonable person would under similar circumstances

assumption of the risk

a person who voluntarily enters a situation that has an obvious danger cannot complain if she is injured -danger is well known and the participant chooses to be present

Branch Construction Company engages in blasting in its operation. This is subject to strict liability because Blasting is an abnormally dangerous activity. Blastinging is a negligent activity. Construction can be done without blasting. Branch is a construction company.

a. Blasting is an abnormally dangerous activity and the company would be strictly liable for any harm caused. Consequently, Branch would be liable for anyone under almost any set of circumstances.

strict liability-defective product

applies to sellers who are engaged in the business of selling and leasing products -all parties in the chain of distribution of a defective product are strictly liable for the injuries caused by that product *Manufacturer (Negligent) Makes defective product To distributor To retailer To consumer Defendant product causes injury Consumer sues---Consumer is the plaintiff Negligent party is liable All in the chain of distribution are liable

what are the DEFENSES to the following intentional torts?

assault and battery: permission, self defense, ability conversion: permission ownership trespass: necessity, but still liable for damages nuisance: if no one moves to the nuisance defamation: truth privilege false imprisonment: knowledge

To protect its customers and other business invitees, M&M's must warn them of: all dangers concealed dangers open dangers no dangers

b. Again, you need to know the different classifications of landowners: Trespasser v. Licensee v. Invitee v. Children. Here, a patron would be considered an invitee. Duty to Invitees - to exercise reasonable care to protect invitees against dangerous conditions possessor should know of, but invitees are unlikely to discover.

Marie, a driver for National Transport Company, causes a five-car accident on an interstate highway. Marie and National are liable to: all those who are injured only those whose injuries could reasonably have been foreseen only those whose cars were immediately ahead and behind Marie's vehicle only those who do not have insurance

b. Remember, in order to recover for negligence, it has to be foreseeable; it's the proximate cause.

Kelly is injured when she slips and falls on Lee's sidewalk. To determine whether Lee owed a duty of care to Kelly, Lee is subject to the standard of: a realistic person a reasonable person a recognizable person a reliable person

b. The standard is reasonable person under the same circumstances. Don't read facts into the question or overthink what I am asking.

Marta owns National Demolition Company. During a demolition by Marta's crew, Owen, a passerby, is injured. Under the theory of strict liability, Marta must pay for the injury: only if the crew intended to injure Owen whether or not the crew was at fault only if the crew was at fault under no circumstances

b. Under the legal theory of Strict Liability, the plaintiff Need not prove that the defendant's conduct was unreasonable. Some activities are so dangerous that the law imposes a high burden on them. This is called strict liability.

does comparative negligence apply to ultrahazardous activities?

defendant engaging in activity is wholly liable

ultrahazardous activities

defendants are virtually always held liable for harm -are inherently dangerous that the person performing it can be held liable for injuries to other persons, even if they took every reasonable step to prevent the injury. -includes using harmful chemicals, explosives, and keeping wild animals -plaintiff does not have to prove breach of duty or foreseeable harm (proximate cause)

defective products

may incur strict liability -often causes a person's injuries -the injured can sue a product manufacturer or seller for product liability -a plaintiff can sue a party-usually a manufacturer-for being negligent in producing a defective product that caused the plaintiff's injury -unlike negligence, strict liability does not require the injured person to prove the defendant breached a duty of care, strict liability without fault -a seller can still be liable even though the seller has exercised all possible care in the preparation and sale of the seller's product

contemporary trends

strict liability may be imposed based on design defect, manufacture defect or failure to warn -tests to measure design and warning cases include: 1. consumer expectation: if the design causes the product to be less safe than expected 2. risk utility tests: weigh the value of the product, gravity and likelihood of the danger, feasibility of a safer design, and adverse consequences of a safer design

4. conversion

taking or using someone's property without consent (civil law version of theft)*

2. false imprisonment

-the restraint of someone against their will and without reasonable cause -an employer who doesn't let a sick employee go home might be guilty of false imprisonment -if the police detain a person with no reason to suspect him of any crime, it could be false imprisonment -a store may detain a person suspected of shoplifting if there is a reasonable basis for the charge and the detention is done reasonably (in private and for a reasonable time, how long is reasonable?)

four facts/elements to prove to win a defamation suit

-the statement was actually made -the statement is false -the statement was communicated to someone other than the plaintiff -in slander cases, the plaintiff must show some injury that resulted from the defamation

1. battery

-touching of another person in a way that is unwanted or offensive -the touch does not have to hurt the victim---sexual touching that is offensive, but not painful, is battery -an intentional action that does not hurt someone may be battery even if the injury is unintentional -even when it is an object being thrown, but you didn't touch them, you are still in control of the object*

there are elements that need to be proved by the plaintiff to recover damages in a negligence case. What are the 5 elements?

1. duty of due care: there must be a duty owed to the plaintiff 2. breach: duty must be breached 3. factual cause: the injury must have been caused by the defendant's actions 4. proximate cause: it must have been *FORESEEABLE that the action would cause this kind of harm. cannot be remote 5. damages: the plaintiff must have been hurt

*landowners owe special duties to different people based on their classification. there are four classifications and what are their duty of care to each classification?

1. duty to trespassers: not to injure intentionally 2. *duty to children: if a man made item (pool, trampoline, skateboard ramp) on the land attracts children, landowner may be viable 3. duty to licensees: a license is entitled to a warning of hidden dangers that the owner knows about (only that they have knowledge on)* 4. duty to invitees: to exercise reasonable care to protect invitees against dangerous conditions possessor should know of, but invitees are unlikely to discover with social guests, you must have actual knowledge of some specific danger to be liable. not with invitees. you are liable even if you had no idea that something on your property posed a hidden danger

Two cars, driven by Frederick and Mitchell, collide. At trial, the jury determines that the accident was 90% Frederick's fault and 10 % percent Mitchell's fault. Mitchell's losses total $100,000.00. If Mitchell lives in a state that follows comparative negligence, Mitchell will recover___________________. $90,000 $0 You Answered $10,000 $50,000 $100,000

90,000

Matt is throwing the football.. The ball goes wild and hits LAUREN in the face. Is this an ASSAULT or BATTERY, neither or both?

A battery requires the touching but, if the touch comes as a surprise, there may not be an assault. An assault is completed with a threatening gesture even if there is no contact.

Sierra Mist owns a retail soda pop shop in downtown Blacksburg. The store is repeatedly painted with graffiti, "Pepsi is the BEST.". Sierra Mist is convinced that 15 year-old John, a frequent customer, is the person painting the graffiti. The next time John comes to the store, Sierra Mist locks the men's room door while John is inside. Sierra Mist calls the police, but because of a misunderstanding, the police are very slow to arrive. John shouts and cries for help, banging on the door, but Sierra Mist does not release him for over two hours. John sues. What intentional tort could John sue?

False Imprisonment Assault Battery Both b and c because John had apprehension that he was locked in the men's room. This question focuses on the distinction between several intentional torts. Locking John up for over two hours, based on an unproven suspicion, was clearly unreasonable. Sierra Mist committed false imprisonment. Remember, DO NOT read anything into the question. There are no facts that Sierra Mist ever touched John. So, battery is out eliminating C and D. Did John have imminent fear of being touched. No. Answer B may be eliminated then as well.

Donald, a millionaire businessman who is well known in the state, is running for a US Senate position. A newspaper reports that Donald received $200,000 from a group with "proven ties to organized crime." The reporter received their information from the finance person of Donald's own campaign, which was collaborated by 2 other reliable campaign workers. Once the story broke Donald subsequently lost a 15% lead over the other candidates and lost the race. What happens when Donald sues the newspaper?

First, what harm does Donald suffer? Reputation Second, what cause of action concerns the protection of one's reputation? Defamation Third, what type of defamation was it? In writing, therefore libel Fourth, was this a public figure? yes Fifth, apply the elements of defamation to the facts. Paper acted in good faith without malice, Donald has no cause of action for Defamation.

punitive damages

while the purpose of compensatory damages is to help the victim recover what was lost, punitive damages are intended to push the liable party -intended for conduct that is outrageous and extreme -designed to "make an example" out of the defendant -should deter others from doing same conduct and prevent the defendant from repeating actions sometimes punitive damages are huge, but in most cases they are close or less than the amount compensatory damages awarded

Refer back to the previous question. If Simone decides to sue, she _______________has to show evidence that she suffered an injury. If she ultimately wins her case, a jury_____________have the option to award punitive damages.

will; will will; will not will not; will will not; will not C. This is libel defamation but also defamation per se: accusing someone of a crime. Remember, a plaintiff may sue for punitive damages are intended to punish the defendant for conduct that is extreme and outrageous. The idea behind punitive damages is that certain behavior is so unacceptable that society must make an example of it.

Bobby says, falsely, that Judge Showalter is stealing from their employer, M&M's. The statement is defamatory only if

Judge showalter suffers emotional distress The statement is made in an annoying manner The statement is published in the media A third party hears it. D. For it to be defamation, the statement has to be false and it has to be published to a third party. Because Bobby stated this, it is slander not libel. Know the difference between libel and slander.

other legislation

Lemon Laws---Entitle buyers of cars to return them for a refund after a reasonable time if the car has substantial defects Consumer Protection Laws---Focus on a merchant's bad faith or deceit Magnuson Moss Warranty Act---Protects purchasers of household goods by ensuring fairness in warranties

Jane writes an article for the Collegiate Times newspaper reporting that Simone was arrested for stealing a car. The story is entirely false. Simone is not a public figure. Which of the following torts has Jane committed?

Ordinary slander Slander per se Libel None of the above c. Libel is the written form of defamation. The gift given in this question is the fact that Simone is NOT a public figure. The story was false.

duty of care

Remember Joe who was driving the M & M's truck? He had a duty of care to the other drivers on the road. What is her Duty of Care? -drive as a reasonable person would drive

T/F Defamation includes both libel and slander.

T

T/F Negligence per se occurs when a defendant in a case of negligence has violated a law that was enacted in order to prevent the type of injury.

T

T/F One of the primary purposes of a civil lawsuit, when suing with the legal theory of an Intentional Tort or Negligence, is for their to be compensation for damages. In both Intentional Torts and Negligence, the damages are the same: compensatory and punitive damages.

T

T/F The tort of negligence is a form of carelessness; it's an accident.

T

T/F Tort law is concerned with compensation for losses suffered by injured parties.

T

T/F Two defenses to allegations of the intentional tort of defamation are truth and privilege.

T

T/F Under the doctrine of comparative negligence, the trier of fact (judge or jury) attempt to determine how much in percentage terms the plaintiff was at fault and then reduce the verdict by that amount.

T

three types of slander per se/defamation: privilege

-defendants receive extra protection in special cases -in courtrooms and legislatures, speakers have absolute privilege. they make speak freely, as long as it is true -when information is legitimately needed, the speaker giving it has qualified privilege. this may happen when someone reports a suspected criminal act

intentional torts

-does not necessarily require *an attention to harm the victim, only an intention to perform the act which caused the injury.* (intentionally throwing an act, but not meaning to hit anyone is a tort if it causes an injury to someone -includes business torts, a category of torts perpetuated almost exclusively by business entities

7. intentional infliction of emotional distress

-historically, no recovery was allowed if the injury was only emotional instead of physical -today, most courts allow a plaintiff to recover from a defendant who intentionally causes emotional injury -behavior causing injury must be extreme and outrageous -must have caused some serious emotional harm -some courts allow recovery for emotional injury caused by negligent behavior

negligence per se

-in special cases, legislatures set a minimum standard for certain groups of people (esp. children) -when a violation of that statute hurts a member of that group, the duty is breached -this applies when a defendant has violated a statute enacted to prevent a certain type of harm from occurring to a specific group to which the plaintiff belongs

three types of slander per se/defamation: public personalities

-includes public officials (police and politicians) and public figures (movie stars and other celebrities) -have a harder time winning defamation cases because they have to prove that the defendant acted with actual malice

res ipsa loquitor

-indicates that a breach of a party's duty of care may be inferred from the events that occurred -the negligence is so obvious that you can tell that someone had to be negligent in what happened -in a few cases, the defendant must prove he was NOT negligent or the facts imply that his negligence did not cause the injury -raises a presumption of negligence and switches the burden to the defendant to prove that he was not negligent 1. the defendant had exclusive control of the instrumentality or situation that caused the plaintiff's injury 2. the injury would not have occurred ordinarily but for someone's negligence type of cases: airplane crash or falling elevators

Sierra Mist is the only soft drink business in the Town of Blacksburg. The citizens of Blacksburg love their special drink called, Mistiquilas (you know, one part tequila and three parts Sierra Mist). Seth, independently wealthy, hates Sierra Mist. He moves to Blacksburg and sets up a soft drink business company that makes NO profit, just to drive Sierra Mist out of business. His plans are to have an acquaintance of his to move to Blacksburg and open up a legitimate store once the competition is eliminated. What tort is this?

Disparagement; Duty; Intentional interference with contract; Unfair Competition d. unfair competition

T/F Liability for negligence requires intending certain consequences or believing that they will occur.

F. Negligence. IT'S AN ACCIDENT!!!!!

Debbie sneaks up on AnnaKate, hits her with a hairbrush, and knocks her unconscious. AnnaKate never saw Debbie coming. She wakes up with a horrible headache. Which of the following tort(s) has Debbie committed?

Assault Battery Both A and B None of the above B. Remember the elements between assault and battery. AnnaKate "never saw it coming." But, Debbie did hit her. Battery not assault. Do NOT read facts that are not there. This question never says that AnnaKate knew or did anything in response to Debbie's action before she/AnnaKate was hit.

T/F To avoid liability for negligence, a business owner must protect its patrons against all risks.

F. No. Remember, you have to determine the classification of the person. A shop owner has to exercise reasonable care to protect invitees against dangerous conditions possessor should know of, but invitees are unlikely to discover.

Judge Showalter is an employee with M&M's. He loves those delicious, chocolatey treats. He helps himself to many, many boxes of those confections. He does so without permission from M&M's. Judge Showalter is liable for:

Appropriation Conversion Disparagement of property Wrongful interference with a business relationship B. Conversion is to civil law as theft is to criminal law. Judge Showalter intentionally took the boxes, without the permission of M&M's.

contributory negligence

In a few states, if the plaintiff is AT ALL negligent, he cannot recover damages from the defendant

Trey had a radio talk show. On the program, he complained about an incident in which a police officer Bob had stopped his car, apparently for lack of a proper license plate and safety sticker. Trey explained that the license plate had been stolen and the sticker fell onto the dashboard, but Officer Bob refused to let him drive away. Trey and two young grandsons had to find other transportation. On his radio show, Trey angrily recounted the incident, then described Officer Bob and all police officers generally: "we are not paying officers to be dictators and Nazis"; "this man is an absolute barbarian, a lunkhead, a meathead." Officer Bob sued Trey for defamation. What would be the result?

This is libel; This is slander; This is Not defamation because the statements are not statements of fact because most of them could not be proven true or false. This is nuisance because it bothered the reputation of Officer Bob. C. A statement like " dictators and Nazis" is not taken literally by anyone. A reasonable person would understand the words to be opinion and ridicule.

Matt is using his new Samsung Galaxy 7 phone when it explodes in his hand, causing Matt to have 3rd degree burns and suffers injury. Matt files a suit against Samsung, Inc., the manufacturer. A significant application of the doctrine of strict liability is in the area of: constitutional law ethics product liability negligence

c. One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if: The seller is engaged in the business of selling such a product, and It is expected to and does reach the user or consumer without substantial change in the condition in which it is sold. This is known as product liability.

Dirk is driving a sport utility vehicle in which Sam is a passenger when they are involved in a traffic accident, and Sam is injured. Liability may be imposed on Dirk for Sam's injury if Dirk's driving is: neither the causation in fact nor the proximate cause of the injury only the causation in fact of the injury only the proximate cause of the injury the causation in fact and the proximate cause of the injury.

d. For there to be negligence, remember the elements: duty of care, breach of that duty, factual cause and proximate cause and damages must be shown.

Bob is injured in a car accident and files a suit against Mary, whom Bob alleges was driving negligently. Mary claims that Bob was driving more carelessly than she was. Comparative negligence in tort cases may reduce a plaintiff's recovery: only if the plaintiff was more at fault than the defendant only if the plaintiff and defendant were equally at fault only if the plaintiff was less at fault than the defendant even if the plaintiff was only a small fraction at fault

d. Know the difference between the defense of comparative and contributory negligence. In a comparative negligence state, the liability will be on a percentage of each party.

injury

plaintiff must show genuine injury future injury may be compensated, but must be determined at the time of the trial