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Exam 8: Tort Law

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Question 31

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List and explain the four different types of privacy torts.

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The four privacy torts are (1) false lig...

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Question 32

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What did the court rule in regard to the plaintiff's claim of intentional infliction of emotional distress in Olson v. CenturyLink, the case in the text in which the plaintiff alleged that representatives of the defendant, a provider of telephone services, wrongly failed to process his application, disconnected his telephone service, and hung up on him during telephone conversations?

A) That the conduct complained of by the plaintiff failed to meet the level of conduct required for a finding of the intentional infliction of emotional distress.
B) That the plaintiff's complaint regarding the disconnection of his telephone service was sufficient to support a claim of intentional infliction of emotional distress but that the plaintiff's other allegations were insufficient to support an award based on the tort of the intentional infliction of emotional distress.
C) That the plaintiff's complaint regarding the refusal to process his application was sufficient to support a claim of intentional infliction of emotional distress but that the plaintiff's other allegations were insufficient to support an award based on the tort of the intentional infliction of emotional distress.
D) That the plaintiff's complaint regarding representatives hanging up on him were sufficient to support a claim of intentional infliction of emotional distress but that the plaintiff's other allegations were insufficient to support an award based on the tort of the intentional infliction of emotional distress.
E) That the plaintiff would be allowed to proceed as to all allegations because they were all adequate to support a verdict based on the intentional infliction of emotional distress.

F) C) and D)
G) All of the above

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Question 33

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[Feuding Neighbors] Taylor is angry because her neighbor, Jon, allows his dog to chase her cat, so she 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 from Jon's deck. She intends to keep the chair and not give it back. Taylor further takes a rake off of Jon's deck that she plans to return after she finishes raking her leaves. Jon did not give her permission to take the rake or the chair. Jon is not happy about the farm animals and the loud music. -Which claim would Jon have against Taylor for taking the lawn chair?

A reporter receives information from several highly credible sources that a famous actress is pregnant and that the father of the baby is not her husband. The story is later proved untrue. The actress sues for defamation. Is she likely to be successful?

What type of tort occurs when the defendant takes an action intending certain consequences will result or knowing certain consequences are likely to result?

Which of the following occurs when an individual is confined or restrained against his or her will for an appreciable period of time?

When only a prospective contract exists, simply offering a better deal is not enough to create liability for intentional interference with contract.

Which of the following occurs when someone engages in outrageous, intentional conduct likely to cause extreme emotional distress to the party toward whom the conduct is directed?

[Hair Stylist Woes] Ryan, a college student, went to see his hair stylist, Melissa. Ryan, who had black, curly hair, requested straight, blond hair. Melissa told him that she could make those changes, but that there would be significant upkeep involved. Melissa made the changes, but Ryan did not do the upkeep required. Ryan proceeded to falsely claim that Melissa did not do what Ryan asked her to do, that Melissa lied to him, and that Melissa was professionally incompetent. Ryan made the statements about Melissa to friends of his. He also wrote a letter to his college newspaper saying that Melissa's shop should be avoided at all costs because Melissa was incompetent. In fact, Melissa was a good hair stylist and enjoyed a good reputation up until the time that Ryan started his criticism. Melissa threatened to sue Ryan for defamation, but Ryan told Melissa that she could not prevail because she could not prove loss of income. Melissa had to admit that while her reputation had been damaged somewhat and she felt embarrassed and humiliated, the damage was primarily among the college population. Her income kept increasing from other segments of the community, and she had suffered no net loss. All her appointment times were booked for weeks ahead. -Statements made by Ryan to his friends that were defamatory of Melissa are what type of defamation?

Ashley is unhappy with her neighbor, Josh, because Josh is pressing charges against her for repeatedly trespassing on his property. She tells him that unless he drops the charges, 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 Ashley because she is up late anyway, she thinks that will encourage Josh to drop the trespassing charges. Josh, however, continues to press charges, and Ashley proceeds to sue Josh for nuisance. Which of the following is true?

A reporter does not like a candidate for president and he publishes a made up story about the candidate having an affair. Did the reporter commit a tort?

Which of the following is true of a negligence tort?

An assault victim sues the person who assaulted her. The court awards her $10,000 to pay for her actual medical expenses, to compensate her for time missed from work, and to compensate her for her pain. The $10,000 is an example of what type of damages?

Defamation can be a civil or criminal action in China.

Which of the following is not an example of compensatory damages?

The word "tort" means which of the following?

Mark and Jillian are business partners that decide to go their separate ways. As they are selling the business assets, Mark intentionally destroys two of the display cabinets that Jillian was taking with her to her new business. Jillian would sue Mark for ________.

If someone is overly fearful, is that person assaulted every time he experiences apprehension?

[Feuding Neighbors] Taylor is angry because her neighbor, Jon, allows his dog to chase her cat, so she 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 from Jon's deck. She intends to keep the chair and not give it back. Taylor further takes a rake off of Jon's deck that she plans to return after she finishes raking her leaves. Jon did not give her permission to take the rake or the chair. Jon is not happy about the farm animals and the loud music. -Which of these would be the most appropriate cause of action, if any, against Taylor based upon the farm animals and the music?

What, if any, defenses are available to a person who has been accused of defamation?