Exam 5: Intentional Torts and Business Torts

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A tort is a violation of a duty imposed by the civil law.

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Identify and discuss two specific causes of action a plaintiff can allege that deal specifically with privacy rights.

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Two causes of action under the general umbrella of privacy are intrusion and commercial exploitation.Intrusion,such as peeping through someone's windows or wiretapping a telephone,is a tort if a reasonable person would find it offensive.The tort of commercial exploitation occurs if someone's likeness or voice is used for commercial purposes without permission.

Angela sued Tom for battery.Angela was awarded $30,000 for future medical expenses.Five years after the award,Angela realizes that her medical expenses will far exceed $30,000.Under the single recovery principle:

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D

What are the elements of Interference with a contract?

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The First Amendment guarantee of freedom of speech is an absolute right.

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To defame Mayor Parker you would have to have actual malice.

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In order for a plaintiff to win a case involving intentional infliction of emotional distress,she must prove the defendant acted in an extreme and outrageous manner.

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Rodney was employed by Deluxe Discount Store.Rodney's manager directed him to check the prices of dog food at Huge Savings Store.The manager of Huge Savings Store saw Rodney writing down prices and asked him to leave.Rodney,fearful that he would be fired by Deluxe,refused to leave.Rodney committed the tort of:

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Shortly after Brian started to work at Trevit,Inc.,a co-worker,Ann,began asking him out.Brian said no.Nevertheless,Ann persisted.One day Ann playfully,but intentionally touched Brian "below the belt." Which statement is correct?

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Adam decided to play a practical joke on Linda,a co-worker.As Linda was leaving the office one night,Adam,wearing a mask,stepped out from behind some bushes.He pointed a handgun made out of licorice at her and demanded her purse.He then pushed the candy gun to her head and told her if she told anybody he'd kill her.Linda was very scared during the whole incident.She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back. -Which statement is correct?

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Wilma's arm is broken when Paula knocks her down during an argument.If Wilma sues Paula for battery,what damages is Wilma likely to receive?

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Working out some frustrations after a bad game,Jessica angrily hits a baseball and then sees it is flying toward the umpire.She yells,"Watch out!" The umpire ducks and the ball misses him.Since there was no physical contact,no assault or battery occurred.

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E-trex,Inc.wanted Prince,a professional basketball player,to endorse its products.Prince, however,was not interested.E-trex was not deterred and hired a person who looked and sounded liked Prince for its commercials.

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Public officials and public figures receive less protection from defamation than ordinary people.

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Lori works for Big Corporation as an "at will" employee.Richard,owner of a small store,offers to pay Lori much more money if she will leave Big Corp and work for his store.When Lori starts to work for Richard,Big Corp correctly claims Richard is liable for tortious interference with a contract.

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A salesclerk at Braybon's Department Store observed a customer remove a ring from a display case and put it in her purse.In most states,Braybon's will be able to detain the customer for suspicion of shoplifting.

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What is the ratio for a putative damage to be awarded?

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In awarding punitive damages,a court must consider:

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Trein,Inc.entered into a one-year,$1 million contract with Mia,a sports celebrity,to promote Trein's products.E-presto Inc.,a competitor of Trein,was interested in having Mia promote its products and knew of her contract with Trein.E-presto offered Mia a three-year,$5 million contract.Mia left Trein and signed with E-presto.Which statement is correct?

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Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous.

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