Exam 8: Business Torts

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The landmark case for proximate cause is:

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B

Assumption of the risk requires knowledge of the risk and voluntarily doing it.

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True

Which of the following is not a breach of duty for purposes of establishing negligence?

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D

Asking a buyer to break their existing contract with another supplier is tortious interference.

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Which of the following constitutes a defamatory statement (assuming the statements are untrue)?

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Three boys were leaving Wal-Mart when they were stopped by plain clothes security officers. One officer said, "Those shirts that you have on were stolen." One boy said, "You can't be serious." The officer responded, "Yes, I am. Come with me." The boys then went with the officers to a side door and into an office. The boys' parents have filed suit against Wal-Mart. Discuss what their suit might be for and what defenses Wal-Mart has.

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A breach of duty can still be established for negligence cases even when the defendant has complied with the law.

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Galley, Inc. has a contract for operating the kitchen at the Palm Crest Hotel in Miami, Florida. Mealco has approached Palm Crest's director of operations and stated, "Look, sign with us. We'll take care of whatever damages you owe Galley." Suppose Mealco added the following phrase, "Galley is going under fast. They haven't paid rent in five months and their rent is $15,000 per month." Galley is current on its rent, and its rent is $5000 per month. Mealco's statements:

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In most states, letters of reference are exempt from liability for defamation.

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To establish assumption of risk, the defendant must show that the plaintiff was aware of the risk and accepted it voluntarily.

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Giving an unfavorable review of a product in a magazine is called product disparagement, a type of defamation.

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The media have a qualified privilege in defamation cases.

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Contract interference:

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The tort of false imprisonment:

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Members of Congress enjoy an absolute privilege for their speech while on the floor.

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The Arizona Daily Desert View carried a story on a recent E-Coli problem in a Phoenix fast food restaurant. The story included a history of Arizona E-Coli incidents and indicated that the Saguaro Grill had an E-Coli problem in 1999 that resulted in the hospitalization of seven customers. The owner of the Saguaro Grill called the newspaper and complained because the newspaper was rehashing an incident from nearly 10 years ago that damaged its reputation. The Arizona Daily Desert View :

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"Car dealers are crooked" is an example of actionable defamation.

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During an altercation, Tyrone hits LaQuisha several times causing LaQuisha pain and injuries. Discuss LaQuisha's options to this situation.

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Which of the following does not enjoy an absolute privilege to charges of defamation?

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The distinguishing element between intentional torts and negligent torts is:

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