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Exam 8: Intentional Torts and Business Torts

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Question 1

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On its website,Otrex,Inc.claimed that its pain reliever was more effective than Nelton,a competing pain reliever.Discuss the elements that Nelton must prove to win a case against Otrex under the Lanham Act.

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Nelton must prove that: (a)Otrex made fa...

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Question 2

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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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Question 3

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Adam decided to play a practical joke on Linda,a coworker.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?

Which of the following guarantees that a witness testifying in a court or legislature may never be sued for defamation?

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

Don was standing in a cafeteria line holding a plate.Tim was upset with Don.Tim turned Don around and grabbed the plate out of Don's hand.Tim then held the plate up and threatened to break it over Don's head.Tim has committed

Lori works for Big Corporation.The existing contract between Lori and Big Corporation can be terminated at will by either party.Richard,the owner of a small store,offers to pay Lori much more money if she will leave Big Corporation and work for his store.When Lori starts to work for Richard,Big Corporation correctly claims Richard is liable for tortious interference with a contract.

Jim told his manager,Lana,that a coworker,Diane,had been in prison for theft.Lana checked into the matter,and when she learned that Diane had served time in prison for theft,she fired her.

Which of the following statements about torts is correct?

Taking or using someone's personal property without consent is referred to as

Ahmi was a witness in a lawsuit.When asked why he fired Rana,Ahmi replied,"Rana was fired for willful misconduct." Indeed,Rana had not engaged in any misconduct.Rana will be able to successfully sue Ahmi for defamation based on what Ahmi said in court.

Wholesome Bread,Inc.advertised that its honey wheat bread had 25% fewer calories than a competing brand,Valley Grains.In fact,Wholesome's bread had the same amount of calories as Valley Grains' bread.Wholesome Bread's conduct

Written defamation is _____;oral defamation is _______.

In awarding punitive damages,a court considers all of the following EXCEPT

Dewayne sold a space heater to Vivian,telling her it would heat a 200-square-foot area,even though he knew it would effectively heat only about one-third of that space.Dewayne is liable for the intentional tort of fraud.

Runyon was ready to sign a two-year agreement with Barnett Corp.to become Barnett's sales representative for a three-state area.LaPrise,who wants to be the representative for that area,threatens Runyon with bodily harm if he takes the position.Runyon decides his physical well-being is more important to him than the job,so he does not accept the position.LaPrise

Tipton Company makes a deal with Patton Company to purchase 100 canvas tarps.Patton's competitor,QC Industries,tells Tipton Company executives that Patton's goods are shoddy and Tipton cancels the contract with Patton.What will likely occur?

Public officials can win a defamation case only by proving the defendant's actual malice.

Soledad tells Marco that she believes he was cheating on a biology exam and calls him a "cheater" to his face.She did not tell anyone else about her suspicions.Marco did not,in fact,cheat on the exam.Has defamation occurred?

The single recovery principle requires a court to settle a matter once and for all by awarding a lump sum for past and future expenses.