ANSWERS RATED A+
✔✔Intentional Infliction of Emotional Distress - ✔✔an intentional tort in which the harm
results from extreme and outrageous conduct that causes serious emotional harm
✔✔defamation - ✔✔tort of making untrue statements about another that cause damage
to his or her reputation or character
✔✔libel - ✔✔written defamation; defamation in a newspaper, magazine, or in some
states
✔✔product disparagement - ✔✔defamation of a product
✔✔slander - ✔✔tort of oral defamation
✔✔Which is an example of an intentional tort?
a) negligence
b) product liability
c) defamation
d) contributory negligence - ✔✔c) defamation
✔✔four defenses to defamation? - ✔✔truth
opinion and analysis
analysis and op-ed articles
privileged speech
✔✔slander per se - ✔✔presumes damages exists and does not need to be proven
accusation is so serious that assumption is made that his reputation was damaged
not credible- unintentional
proven true- not liable for slander
✔✔qualified privilege - ✔✔defense to defamation
available to the media that permits retraction and no liability so long as the information
is not printed or given with malice or with reckless disregard for whether it is true
✔✔What tort would be used to recover for stalking? - ✔✔c) invasion of privacy
✔✔The public disclosure of private facts about another is what type of tort? - ✔✔c) tort
of invasion of privacy
, ✔✔appropriation - ✔✔use of someone's name, likeness, or voice without permission for
commercial advantage
copying a persons persona without their consent. Cowboy in N.Y.
✔✔Fraudulent Misrepresentation - ✔✔:•Misrepresentation of material fact.
•Intent to induce another to rely on the misrepresentation.
•Justifiable reliance by innocent party.
•Damages suffered as a result of reliance.
septic tank- seller know septic tank is busted but doesnt let buyer know
"best car in the world" does not apply
✔✔seller's talk - ✔✔more than just puffery
✔✔malice - ✔✔in defamation cases involving public figures, a requirement that the
statements be made with knowledge or reckless disregard that they were true
✔✔When is the element of malice required? - ✔✔the plaintiff is a public figure and there
is media publication
✔✔Abuse of process - ✔✔Using process for a purpose other than it is intended.
✔✔wrongful Interference with a Contractual Relationship Occurs When - ✔✔•Defendant
knows about contract between A and B;
•Intentionally induces either A or B to breach the contract; and
•Defendant benefits from breach.
Martha steward- contract with JCP, macy wanted to get contract with her knowing she
had a contract with JCP
✔✔Defenses to Trespass to Land - ✔✔•The trespass is warranted (necessary) to assist
some in danger.
•The trespasser is a licensee (such as a utility service person).
✔✔What are the elements for negligence? - ✔✔Duty
Breach of Duty
Causation
Injury
Damages
(Malice)
✔✔Disparagement of Property - ✔✔Occurs when economically injurious falsehoods are
made about another's product or property rather than about another's reputation.