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Exam (elaborations)

UST BLAW EXAM 4 (Already Graded A+)

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Defamation Requirements correct answers 1. Defendant made a false statement of fact 2. Statement was about plaintiff and harmful to rep 3. Statement was published to at least one other person 4. If public figure, actual malice must be used Compensatory Damages correct answers Reimbursement to plaintiff for actual losses Punitive Damages correct answers Extra damages awarded in intentional tort cases (not negligent) to deter others from acting similarly. Libel correct answers Defamation by print Slander correct answers Defamation by words Wrongful Interference with a contractual relationship elements correct answers 1. Valid, enforceable contract must exist 2. Thirst party must know about contract 3. Third party must intentionally induce a party in the contract to breach the contract Wrongful Interference with a business relationship correct answers Interfering with another's business in their attempts to gain a greater share of the market Defenses against trespass to land correct answers 1. Assisting someone in danger 2. Trespasser has a license Conversion correct answers Any act that deprives an owner of personal property of the use of that property without the owner's permission and without just cause Disparagement of Property correct answers Occurs when economically injurious falsehoods are made about another's product or property Proximate Cause correct answers Establishes if the connection between the act and injury was foreseeable or not. 50 percent rule correct answers Plaintiff cannot recover over damages if over 50% liable. 35% plaintiff liability results in 65% of damages Strict Liability correct answers Enforces that a person who engages in certain activities may be held responsible for any harm that results to others even if the person used the utmost care. Abnormally Dangerous Activities correct answers Strict liability for damages proximately caused by an abnormally dangerous activity that cannot be completely guarded against by the exercise of reasonable care.

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