Exam 4: Intentional Torts

Terry responded to a mail-order advertisement for athletic shoes from a magazine.At a cursory glance the offer featured ACME sports shoes,Terry's favourite,on sale for a low price.Terry had failed to notice that the brand name was,in fact,ACNE.When he received the product Terry was infuriated.After an examination of the ad,Terry had realized the mistake but felt that ACNE's marketing tactics were suspect and is considering seeking legal advice on the issue.Which of the following is not true?

Deceit is defined in legal terms as:

Winston regularly takes a shortcut across his neighbour's backyard to shorten his walk home.His wife informed him that she had been told by their neighbour that he does not like Winston taking that shortcut,but Winston says "I'm not doing any damage.There's nothing he can do about it." Winston is wrong.

Andy entered a small restaurant and sat on a stool at the lunch counter.Baker entered the restaurant a few moments later,and sat down at the lunch counter next to Andy.For no apparent reason,Andy suddenly struck Baker on the side of the head with his fist,knocking Baker to the floor.Baker raised himself from the floor,then seized Andy,and tossed him through the large glass window at the front of the restaurant.Andy was seriously injured,and hospitalized as a result of the incident.Andy would be liable for his battery of Baker

From a legal perspective discuss those aspects of designing its marketing strategy of which a business must be mindful.

Nadeem was a blogger who provided comments about corporate performance.On his blog he stated that Widget Company was in serious financial trouble and was preparing to lay off 200 employees.The price of Widget Company's stock immediately dropped $1.50.What tort will Widget Company use to bring an action against Nadeem?

On the way to work on the bus one morning,Martin was worrying about a personal problem and failed to notice that the bus was pulling into a stop.Since he had not braced himself,he fell against Victor,injuring Victor's eye with his briefcase.Martin has committed the tort of battery.

Annie was furious because the new car she had bought kept breaking down and the dealer would only repair it according to their contract,and not replace it.Annie made a huge yellow lemon-shaped sign,and walked up and down outside the dealership.The sign said "This is what they really sell here." The dealer could sue her in tort and win.

Bob owns a small carpet company.After a dispute,his best salesman left the company and was hired by a competitor.A client who recently had carpet installed by Bob's company has initiated legal action on the basis of a statement made to him by the former salesman who told the client that he had received a product of inferior quality.The former employee also told the client that Bob does this frequently.He has committed a slanderous act which is an intentional tort.

Rashid saw the accident referred to in Question 32.He told Charles that he would testify that Francine had been over the white line and had backed up into Charles,if Charles paid him $200.Charles agreed.The police can prove Rashid is lying.

Ms.Winter,an opera singer,consulted with Dr.Brown,an ear-nose-and-throat specialist about polyps in her throat.Dr.Brown recommended an operation,and,when questioned by Ms.Winter as to whether it could affect her voice,told her that he would not do the operation if there was such a risk.In fact,there was one chance in a thousand that she could lose her voice,but Dr.Brown did not tell her because he felt she would overreact,and the polyps,if left,might later lead to serious problems.Dr.Brown performed the operation without negligence.Ms.Winter lost her voice.Ms.Winter can sue Dr.Brown for battery.

Bob owns a small carpet company.After a dispute,his best salesman left the company and was hired by a competitor.A client who recently had carpet installed by Bob's company has initiated legal action on the basis of a statement made to him by the former salesman who told the client that he had received a product of inferior quality.The former employee has committed a slanderous act which is an intentional tort.

At a social club meeting that was held to discuss an environmental problem in a community,Brown made a speech in favour of a particular course of action that he thought the club should follow.Smith,who did not like the suggestions made by Brown,also made a short speech in which he called Brown an "idiot," and his suggestions "rubbish." Unless it was true that Brown was an "idiot," Smith made a defamatory statement which slandered Brown's reputation.

A newspaper cartoon depicted a well-known international entrepreneur as a greedy villain dressed as Robin Hood who was "stealing from the poor and giving to himself." Defamation may take the form of either libel or slander.

While driving,Charles "rear-ended" Francine's car at a stop sign.

At an all-candidates meeting prior to the election,Jones accused the incumbent,Wilson,of having used her office to improperly improve her financial position.This was later proved to be true.Wilson argued that her reputation had been seriously damaged,and sued Jones for slander.Wilson will lose.

At a meeting of a local business club,someone voiced the opinion that the law interferes in business matters too much,and we would all be better off without it.A discussion begins.Describe,with some examples,what you would say to show that the legal limitations on the freedom of businesspeople to operate can act to protect the honest businessperson.

Claire required a reference for a new job.She asked for a letter from her former employer,Alice.Alice wrote that Claire was honest,hard-working,intelligent and pleasant,and would do best in a job with considerable direction and supervision.Since Claire had applied for work in outside sales,she was turned down as the job needed an independent self-starter.Claire sued Alice for libel.

Smith,a computer programmer with Computer Company,was approached by its largest competitor and asked whether he would like to join it as its head of research.It was made clear that the job was dependent on his bringing with him Computer Company's secret research data.Smith accepted and resigned from Computer Company.

A newspaper cartoon depicted a well-known international entrepreneur as a greedy villain dressed as Robin Hood who was "stealing from the poor and giving to himself." The entrepreneur would be precluded from seeking damages from the cartoonist because cartoons are exempt from the defamation laws.