JOMC 486 UNL Final Exam (100% correct)

Injurious falsehood correct answers The publisher of a false and disparaging statement that harms the interests of another is liable for any resulting pecuniary loss if the publisher Intended to harm the other's interests OR recognized or should have recognized that it was likely to do so, AND Knew that the statement was false or acted in reckless disregard of its truth or falsity. Disparagement correct answers if it is understood to cast doubt upon the quality of another's land, products or services and The publisher intends the statement to cast the doubt, OR The recipient's understanding of it as casting the doubt was reasonable Pecuniary loss is restricted to correct answers Direct and immediate loss caused by conduct of potential customers and Expense of counteracting disparagement. Proving Pecuniary loss correct answers Proof of conduct of specific persons or Proof that the loss resulted from the conduct of many persons, none of whom could be identified. Difference between defamation and disparagement correct answers Defamation involves personal reputation and disparagement involves a person's property or economic interests True or False: Criticism of a product alone does not defame the producer correct answers True Disparagement example correct answers Saying that a manager has rats in their motel, doesn't say anything bad about the manager himself, other than he's not cleaning Defamatory example correct answers If you say that he murdered his mother and kept her body in the basement of the motel, doesn't say anything bad about his motel Disparaging and Defamatory example correct answers If you said that you stay at the motel and you yourself will be murdered along with his mother Does the Acme Hotel claim about getting the best night's sleep disparage Bates Model? correct answers No, you cannot prove this to be false. It's an opinion. Two categories of puffery correct answers Hyperbolic boasting or bluster no reasonable consumer would believe true OR Claims of superiority over a competitor's product that consumers understand are not to be taken literally Fair-report privilege correct answers an official report or document, the EPA said so and so about this product True or False: Veggie libel laws have been passed in Nebraska correct answers False, Veggie libel laws have been introduced in Nebraska legislature but never passed