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MGMT 311 EXAM 2 (LATEST EXAM 2025) | ALL
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When the media is trying to defend themselves in a case of Intentional infliction of emotional distress, they often refer back to the... --------- CORRECT ANSWER-----------------1st amendment EX: In Hustler v. Jerry Falwell (US 1988) The Court held that parodies of public figures are protected under the First Amendment from intentional infliction of emotional distress claims. What is defamation and what are the two types? ---------CORRECT ANSWER-----------------wrongfully harming a person's good reputation with lies
- libel (written)
- slander (oral) Elements of prima facie (what you have to prove) case of defamation --------
- CORRECT ANSWER-----------------a. defendant made a false statement of fact b. the statement was understood to be about the plaintiff and intended to harm their reputation c. published to a third party d. IF the plaintiff is a public figure...he/she must also prove "actual malice" to win. MUST always prove A-C
Blake v. Giustibelli (FI APP. 2016) ---------CORRECT ANSWER----------------
- example of proving plaintiff experienced defamation. The reviews contained allegations that Giustibelli lied to Blake regarding the attorney's fee. Two of the reviews contained the allegation that Giustibelli falsified a contract. These are factual allegations, and the evidence showed they were false. Examples of statement of fact vs. statement of opinion ---------CORRECT ANSWER-----------------Fact - "Joe cheated on his tax return" statement of fact that can lead to liability for defamation (if false) Opinion - "Joe is a jerk" Damages for Libel Defamation ---------CORRECT ANSWER----------------- general damages (unquantifiable) presumed, proof of special damages (quantifiable - proved with invoice) not necessary to recover damages, the plaintiff need not prove that he or she was actually harmed in any specific way as a result of the libelous statement. Damages for Slander (Defamation) ---------CORRECT ANSWER--------------- --Plaintiff must prove he suffered special damages (actual economic or monetary loss) before defendant is liable What is slander per se? ---------CORRECT ANSWER-----------------false statement made by defendant is actionable without proof special damages? an exception to the slander rule
Damages Available in Tort Actions ---------CORRECT ANSWER--------------- --$$ damages for they wrongs they have allegedly suffered by defendant Tort Classifications ---------CORRECT ANSWER-----------------intentional torts, negligence, strict liability What classification does Assault and Battery fall under? Why? --------- CORRECT ANSWER-----------------Intentional torts against persons (Personal Tort) The ACT of doing so leads to harm Assualt ---------CORRECT ANSWER-----------------an intentional, unexcused act that creates in another person a REASONABLE APPREHENSION OR FEAR of IMMEDIATE harmful or offensive contact Battery ---------CORRECT ANSWER-----------------an unexcused and harmful or offensive PHYSICAL CONTACT intentionally performed Is malice/evil/harmful motive necessary in Intentional torts? --------- CORRECT ANSWER-----------------No Trent upsets Hailey and she attempts to punch him, he ducks and she accidentally hits a bystander, Will. What potential law suits are here? --------
- CORRECT ANSWER-----------------Trent can claim assault because her attempt created a sense of fear
Will can claim battery because Hailey actually punched him, even if she didn't mean to. She might not have intended to punch Will but she intended to punch someone which is an act that lead to the harm of Will. T/F: physical injury does not have to occur for battery ---------CORRECT ANSWER-----------------True Defenses to Assualt and Battery ---------CORRECT ANSWER-----------------
- consent
- self defense
- reasonable defense in both REAL and APPARENT (you believe it is going to happen) danger What is false imprisonment? ---------CORRECT ANSWER-----------------the intentional confinement or restraint of another person's activities without justification Barriers/restraints (in relation to false imprisonment) can be ___ OR ___ threats. ___ is NOT enough to be considered false imprisonment --------- CORRECT ANSWER-----------------Physical, Oral moral pressure Plaintiff is person suing another for false imprisonment. Defendant is person accused of false imprisonment. Defense against false imprisonment ---------CORRECT ANSWER------------- ----1. consent
- public disclosure of private facts EX: video of sex life between couple gets leaked
- appropriation of identity without knowledge or compensation EX: Wheel of fortune girl Elements of fraudulent misrepresentation ---------CORRECT ANSWER------ -----------1. A misrepresentation of a material fact or conditions with knowledge that they are false or with reckless disregard for the truth
- An intent to induce another party to rely on the misrepresentation.
- A justifiable reliance on the misrepresentation by the deceived party.
- Damages suffered as a result of that reliance.
- A causal connection between the misrepresentation and the injury suffered. For fraud to occur, more than mere ___ must be involved --------- CORRECT ANSWER-----------------puffery (seller's talk) In fraudulent misrepresentation cases, reliance on a statement of opinion may be fraud IF... ---------CORRECT ANSWER-----------------the person making the statement has superior knowledge of the subject matter EX: Doctor, lawyer, landlord What is negligent misrepresentation? ---------CORRECT ANSWER------------ -----A false statement made carelessly rather than intentionally. the person making the statement or omission did not have a reasonable basis for believing its truthfulness.
Abusive or Frivolous Litigation Tort ---------CORRECT ANSWER--------------- --filing a lawsuit without a legitimate basis for a cause of action (ex: outrageous claim), often used as a counterclaim by defendant elements of wrongful interference with a contractual relationship --------- CORRECT ANSWER-----------------a. valid, enforceable contract between 2 parties b. third party knew of the contract AND c. third party intentionally caused either of the 2 parties to breach contract 3rd party = tortfeaser Elements of Wrongful Interference with a Business Relationship --------- CORRECT ANSWER-----------------a. established business relationship b. tortfeaser used "predatory behavior" AND c. tortfeaser intentionally caused business relationship to end What is predatory behavior (in reference to interference w/ busn. relationship) ---------CORRECT ANSWER-----------------soliciting only those customers who have already shown interest in the similar product or service of a specific competitor. Facts about Texaco v. Pennzoil (US 1987) ---------CORRECT ANSWER----- ------------Plaintiff - Pennzoil Defendant - Texaco Case put wrongful interference with a contractual relationship tort on map because of payout
The landowner is liable for harm to a trespasser under: ---------CORRECT ANSWER-----------------1. "reasonable duty" or "duty to not willfully injure" - owner has duty to warn in certain circumstances
- "attractive nuisance" doctrine - young children do not assume the risk if they are attracted to the premises by some object The owner can remove the trespasser from the premises through the use of ___ without being liable for ___ and ___. ---------CORRECT ANSWER---- -------------reasonable force assualt and battery Defense to trespass to land ---------CORRECT ANSWER-----------------a. trespasser enters to assist someone in danger b. trespasser enters to protect property EX: sees house on fire Trespass to personal property occurs when ---------CORRECT ANSWER---- -------------any individual wrongfully takes or harms the personal property of another or otherwise interferes with the lawful owner's possession and enjoyment of personal property Involves intentional meddling Defense against trespass to personal property ---------CORRECT ANSWER-----------------the meddling was warranted ex: Ann takes suzies car without asking, for the day, and brings it back that night
What is conversion? ---------CORRECT ANSWER-----------------Any act that deprives an owner of personal property or of the use of that property without the owner's permission and without just cause civil side of crimes related to theft EX: failure to return property NON defenses against conversion ---------CORRECT ANSWER----------------
- the good you purchased was stolen Slander of Quality (Trade Libel) ---------CORRECT ANSWER-----------------a. The publication of false information about another's product, alleging that it is not what its seller claims. (lying about product) b.actual damages must be proved to have proximately resulted from the statements about a competitor's products (caused people not to buy) Slander of Title ---------CORRECT ANSWER-----------------a. publication falsely denies or casts doubt on another's legal ownership of property, resulting in financial loss to the property's owner b. someone knowingly publishes an untrue statement about property with the intent of discouraging a third person from dealing with the person slandered When does negligence (unintentional tort) occur? ---------CORRECT ANSWER-----------------someone suffers injury because of another's failure to live up to a required duty of care. reckless and careless, not intended
Landowner has a duty to not ___ injure a trespasser ---------CORRECT ANSWER-----------------willfully Katko v. Briney (1971) is an example of ---------CORRECT ANSWER--------- --------negligence not wilfullly injuring trespasser *katko trespassed on Briney's land but Briney had booby trap that injured him Duty of Professionals ---------CORRECT ANSWER-----------------a) professionals held to higher standard b) violation of duty of care leads to malpractice Duty of employers ---------CORRECT ANSWER-----------------negligent hiring and retention duty of employers to hire employees who do not present a risk to the public No Duty to Rescue ---------CORRECT ANSWER-----------------It is not necessary to go to the aid of a stranger Exception- you put them in the situation causation in fact ---------CORRECT ANSWER-----------------An act or omission without ("but for") which an event would not have occurred. part 1 of causation in negligence element
proximate cause ---------CORRECT ANSWER-----------------Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability. forseeable This case led to proximate cause being born ---------CORRECT ANSWER-- ---------------Palsgraf v. Long Island Railroad Co. (NY 1928) Special Negligence Statutes - Dram Shop Act ---------CORRECT ANSWER- ----------------if bar owner/tender serves drinks to an intoxicated person, he may be liable to persons who are injured by the intoxicated persons IN TX - social host are not liable Good Samaritan Statute ---------CORRECT ANSWER-----------------persons who provide emergency services to, or rescue, someone in peril cannot be sued for negligence passed primarily to encourage healthcare workers to voluntarily stop and render aid without fear of liability Assumption of Risk ---------CORRECT ANSWER-----------------A defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger. can be expressed by agreement or implied by actions
Fact about Rylands v Fletcher (1868) ---------CORRECT ANSWER------------ -----Brought about Strict Liability in Tort:
- Defendant built Reservoir which broke into shaft of abandoned coal mine then flooding the plaintiff's active mine, defendant did not know of mine but was still liable "If you keep something on your land, that is likely to cause mischief, and the the mischief escapes, you are liable" Abnormally Dangerous Activities ---------CORRECT ANSWER-----------------
- involves a potential degree of serious harm
- involves a high degree of risk that cannot be completely guarded against with the use of reasonable care
- is not commonly performed in the community or area Application of strict liability - Keeping Wild Animals ---------CORRECT ANSWER-----------------EX: lions, tigers. bears
- pitbull owner can be liable for just owning it Application of strict liability - Keeping domestic Animals ---------CORRECT ANSWER-----------------EX: dog only strictly liable for domestic animal if you know or should know they are dangerous Application of strict liability - Quid Pro Sexual harassment --------- CORRECT ANSWER-----------------EX: "this for that" - giving promotions for sexual favors
workplace problem not a crime, a civil tort what is product liability based on negligence? ---------CORRECT ANSWER- ----------------If a manufacturer fails to exercise "due care" to make a product safe, a person who is injured by the product may sue the manufacturer for negligence Is privity of contract required for product liability? ---------CORRECT ANSWER-----------------NO you do not have to be the buyer of the product to claim product liability significance of MacPherson v. Buick Motor Co. (NY 1916) --------- CORRECT ANSWER-----------------1st time in American law that a product leads to negligence In Product liability (based on negligence) case, the plaintiff must prove the defendant had... ---------CORRECT ANSWER-----------------1. a DUTY
- BREACHED that duty
- breach led to CAUSE in fact and proximate
- legal damages occurred Product liability based on misrepresentation ---------CORRECT ANSWER--- --------------a. misrepresentation of a material fact concerning quality, nature or approximate use of the product is made knowingly or with reckless disregard for the truth b. as a result of fraud injury occurs
- The defective condition must be the proximate cause of the injury or damage.
- The goods must not have been substantially changed from the time the product was sold to the time the injury was sustained. Under the requirements for strict product liability, to prove a defective condition... ---------CORRECT ANSWER-----------------the plaintiff need not show why or in what manner the product became defective. The plaintiff does have to prove that the product was defective at the time it left the hands of the seller or lessor. must also show that this defective condition made the product "unreasonably dangerous" to the user or consumer. What determines an Unreasonably Dangerous Product? ---------CORRECT ANSWER-----------------1. the product was dangerous beyond the expectation of the ordinary consumer EX: Risk v. Utility (usage)
- a less dangerous alternative was economically feasible, but manufacturer failed to produce it. Manufacturing Defect ---------CORRECT ANSWER-----------------product departs from its intended design even though all possible care was exercised in the preparation and marketing of the product
- became defective during manufacturing
- typically one product was messed up
What is a Design defect? ---------CORRECT ANSWER-----------------the forseeable risk of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design Test for Design Defects ---------CORRECT ANSWER-----------------1. A reasonable alternative design was available.
- As a result of the defendant's failure to adopt the alternative design, the product was not reasonably safe. Risk v. utility (in product defect cases) ---------CORRECT ANSWER----------- ------does the risk of the product outweigh its use to the user and public Warnings Defect (Failure to Warn) ---------CORRECT ANSWER----------------
- the foreseeable risks of harm posed by the product could have been reduced or avoided by reasonable instructions or warnings EX: drugs, must warn of all the side effects Obvious Risks ---------CORRECT ANSWER-----------------No duty to warn about obvious or commonly known risks ex: a knife will cut you Forseeable misuses of product ---------CORRECT ANSWER----------------- seller must warn consumer ex: warning label on hairdryer to keep away from water
