Exam 8: Tort Law

Without obtaining advance permission, Annie places an unflattering photograph of the president of the college which she attends on folders that she is selling outside of class for extra money. Which of the following is true?

When a[n] _______________ privilege exists, one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim.

"Feuding Neighbors." Annette, who is angry because her neighbor, William, allows his dog to chase her cat, decides to get even. She moves a number of farm animals into her backyard and begins playing music at all hours of the night. She also steals a nice lawn chair off of William's deck. She intends to keep the chair and not give it back. Annette further took a rake off of William's deck that she plans to return after she finishes raking her leaves. William did not give her permission to take the rake or the chair. William is not happy about the farm animals and the loud music. -What claim would William have against Annette for taking the lawn chair?

Under which of the following situations does the tort of trespass to realty occur?

Simply offering a better deal is not enough to create liability for intentional interference with contract when only a prospective contract exists.

A(n) _________ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact.

Which of the following is true regarding awards of punitive damages in the U.S.?

Defense of property cannot be a defense to a claim of battery.

The primary type of damages in tort law is referred to as _____.

Which of the following are common classifications of torts?

"Feuding Neighbors." Annette, who is angry because her neighbor, William, allows his dog to chase her cat, decides to get even. She moves a number of farm animals into her backyard and begins playing music at all hours of the night. She also steals a nice lawn chair off of William's deck. She intends to keep the chair and not give it back. Annette further took a rake off of William's deck that she plans to return after she finishes raking her leaves. William did not give her permission to take the rake or the chair. William is not happy about the farm animals and the loud music. -What action would William have against Annette for taking the rake?

Explain the concept of absolute privilege in the context of defamation and set forth the two situations listed in the text in which it is applied. Discuss whether you believe each category of absolute privileges should be eliminated.

Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made _______.

Discuss what is needed in order to establish damages in defamation actions. Address whether special proof is needed and, if so, under what circumstances.

Which of the following are defenses to an action for libel brought by a public figure in the United Kingdom regarding a statement made in the United Kingdom?

Privilege is an affirmative defense in a defamation action.

Susie Starr, a highly successful movie star in both the United States and the United Kingdom is concerned because a tabloid based in the United States with distribution in both the United States and the United Kingdom falsely claimed that she has a problem with alcohol and had an affair with best friend's husband. She is considering a lawsuit for defamation. She asked you whether it would be easier to win the case in the United States or in the United Kingdom. What would you tell her and why? How does the defamation law of the United Kingdom differ from that of the U.S.? Also discuss whether Susie has an option to sue in the United Kingdom since the tabloid is published in the United States.

A false statement of a material fact regarding ownership of business property that results in a loss of sales is referred to as _______.

_______________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff.

Jane is unhappy with her neighbor, Sam, because Sam will not allow her to swim in his swimming pool. She tells him that unless he lets her swim in the pool, she will bring an action against him for nuisance because he plays his stereo late at night at times. While the stereo does not bother Jane because she is up late anyway, she thinks that will encourage Sam to let her swim in the pool. Sam, however, continues to refuse to allow Jane to swim in his pool, and Jane proceeds to sue Sam for nuisance. Which of the following is true?