Chapter Six

Created by jrledesma 

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Intentional Torts

Bob pushes Carol. Carol falls and breaks her arm. Bob is liable for the injury

if Bob intended to push Carol

Louis -- larger and stronger than Mica -- threatens to hit Mica before hitting and injuring him. Mica files a suit against Louis for assault and battery. Mica will most likely recover for

assault and battery

At Scrumptious Cafe, Tyler believes that he was overcharged and shoves Uma, a waiter. Uma sues Tyler, alleging that the shove was battery. Tyler is liable if

the shove was offensive

Ann believes that Burt is about to hit her. To prevent harmful contact in this situation, Ann may use

force that is reasonably necessary

Glen falsely accuses Hu of stealing from Island Tours, Inc., their employer. Glen's statement is defamatory only if

a third party hears it

Ron, the manager of Sav-Mart Discount Store, detains Tina, whom Ron suspects of shoplifting. Tina sues Ron, alleging that the detention was false imprisonment. Ron is liable if Tina

was detained for an unreasonably long time

Great Tans., Inc., uses in its radio ads, a recording by Holly, who owns the rights, without paying for the use. Over time, the song comes to be associated with great Tans. In Holly's suit against Great Tans, the firm is most likely liable for

appropriation

Jaqy distributes a handbill among her neighbors accusing one of them --Ked-- of being a convicted sex offender. The statement is defamatory only if

the statement is false

Jim is an appliance salesperson. To make a sale, he asserts the a certain model of a Kitchen Jelper refrigerator is the "best one ever made." This is

not fraud

Dru tells his Excel Company coworkers that Fiona, Excel's office manager, is stealing from their employer. The statement is defamatory only if

the statement is false.

Kai files a suit against Lana based on one of Lana's statements that Kai alleges is fraudulent. To give rise to fraud, the statement must be one of

fact

Toni files a suit against Universal Media Corporation for defamation. Actual malice must be shown for recovery of damages if Toni is

a public figure

Clem, a Delite Dairy salesperson, follows Edna, a salesperson for Festive Foods, a Delite competitor, as Edna visits stores to make sales. Clem solicits each of Edna's customers. Clem is most likely liable for

wrongful interference with a business relationship

Lew angrily accuses Meg, a broker with New Financial Services, of fraudulently inducing him to invest in Open Pit Oil Company, whose wells are dry. The reliance that gives rise to liability for fraud is normally based on a statement of

fact

OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is

none of the choices (appropriation, conversion, wrongful interference with a contractual relationship)

Dom, an EZ Baked Goods salesperson, follows Flora, a salesperson for Goody Pastries, Inc., as she attempts to make sales to food stores. Dom solicits each of Flora's customers. Dom is most likely liable for wrongful interference with

a business relationship

Joy invites Ken into her apartment. Ken commits trespass to land if he

refuses to leave when Joy asks him to go

Best Computers, a computer store, takes unethical steps to divert the customers of Cyber Goods an adjacent competing store. Best may be liable for

wrongful interference with a business relationship

Bella owns a farm in Colorado. Doyle drives his sport utility vehicle off a highway and onto Bella's land. Doyle commits trespass only if he

does not have Bella's permission to drive on the property

Variety Auto Maker, Inc., uses, in its television ads, a recording by Wendy. For this use, Variety pays a fee to the owner of the rights to the recording. Over time, the song comes to be associated with Variety's products. Wendy resents this association and sues Variety. Variety has committed

none of these choices (appropriation, wrongful interference with a business relationship, wrongful interference with a conceptual relationship)

Jane enters onto Sam's property to help someone in danger. If Sam charges Jane with trespass to land, Jane has

a complete defense

Phil invites Quinn onto his land. Quinn commits trespass if

Phil asks Quinn to leave and Quinn refuses

Elin participates in an off-road vehicle race on Freedom Ranch land, with Freedom's consent for the two days of the race. During the race, Elin's vehicle breaks down. She leaves it on Freedom's land for 10 days before removing it. Elin has committed

trespass to land

Lon trespasses on Mega Corporation's property. Through the use of reasonable force, Mega's security guard Ned detains Lon until the police arrive. Mega is liable for

none of these choices

As a joke, Fran hides Gary's business law textbook so that he cannot find it during the week before the exam. Fran is liable for

trespass to personal property

Copy Cat Inc., uses a bot to continually comb the Web site of Deals Galore Company. In line with the decision of the court in Case 6.2, Register.com, Inc. v. Verio, Inc., Copy Cat has most likely committed

trespass to personal property

Bill enters onto Cindy's property to help Dora, who is in danger. Cindy charges Bill with trespass to land. Bill has

a complete defense

Quin, a clerk at PC Computer Store, takes a computer from the store without PC's permission. Quin is liable for conversion

under any cicumstances

Delta Corporation uses a bot to continually comb the Web site of Gamma, Inc.,for information and its updates. Under the reasoning of the court in Case 6.2, Register.com, Inc v. Verio, Inc., if Delta has committed a tort, it is most likely becuase

Delta's activities could lead to a crash of Gammas's computer system

Ian steals a business law textbook from Jules. Kris, who does not know that the book is stolen, buys it from Ian. Kris has committed

conversion

Fred files a suit against Gail for conversion of property that Fred asserts he owns. Gail will not be liable id she can show that

Fred has no interest in the property

In newspaper ads, Little Used Autos falsely accuses Mighty Value Vehicles, a competitor, of selling stolen cars. Mighty's sales decrease. little has most likely committed

slander of title

Dian, a clerk at an Entertainment Unlimited store, takes a DVD player from the store without permission. Dian is liable for

conversion

Cody writes a defamatory article about Delia. The article is disseminated through the print media, via newspapers, and online, via an Internet service provider (ISP). Most likely to be liable for the article are Cody and

the newspapers only

Macro, Inc., believes that NuCode Corporation is using Macro's trade secrets on NuCode's server. Macro removes the server from the premises of Online Service Company (a third party) without NuCodes consent. Macro's most likely successful defense against a charge of conversion would be

necessity

Beta Services (BS) is an Internet service provider. On a BS online bulletin board, Carl, a BS customer, posts a defamatory remark about Delta Company. Delta could successfully file a suit against

BS or Carl

City Times, a newspaper, knowingly publishes an article falsely stating that the inventory of Walco, a discount store, consists of stolen goods. City Times is liable for

slander of title

Direct Marketing, Inc., floods the e-mail boxes of the employees of Eagle Products Corporation with unsolicited ads to the extent that the employees cannot e-mail each other. Direct has most likely committed

trespass to personal property

April posts a defamatory note about Brad in an online newsgroup maintained by Comp Online, Inc., an Internet service provider. Most likely to be held liable for the remark is

April only

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