CASE STUDY: Millie breeds German Shepard dogs. Bernard, who lives down the street, took in a stray dog loosely
identified as a Corgi-plus. The dog, Casanova, would definitely be classified as a mixed breed. Bernard allowed
Casanova to roam freely. Unfortunately, Casanova went to visit Millie's pure-bred German Shepard. Puppies
resulted which were Shepard and Corgi-plus puppies. Millie was incensed. She started a campaign to round up all of
the stray dogs, including Casanova, and haul them off to the animal shelter. She picked up a few cats as well. She
posted signs all over the neighborhood saying that no animal, neither dog, cat, nor fowl, should come into her yard
and that she was going to begin shooting the next time, period. Understandably, Bernard and some of the other
neighbors take offense. Bernard comes to Millie's house while she is working in the yard. He walks behind her and
shoves her. Millie did not see him coming. Millie turned around and proceeded to have a heated conversation with
Bernard. Millie drew her fist back and told Bernard that she was going to punch him in the nose. Millie started to
punch Bernard but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain.
Sally, who was going by on the street, saw Millie attempting to hit Bernard. Sally came over and grabbed Millie's
hands, pinning Millie's hands behind her back.
85. Which of the following is true regarding Bernard's shoving of Millie in the back?
CASE STUDY: Maryann went to see her hair stylist, Candy. Maryann who had black, curly hair, requested straight,
blond hair. Candy told her that she could make that change, but there would be significant upkeep involved. Candy
made the change, but Maryann did not do the upkeep required. She also falsely claimed that Candy did not do what
Maryann asked her to do, that Candy lied to her, and that Candy was professionally incompetent. Maryann made the
statements to friends of hers. She also wrote an editorial in her college newspaper to the effect that Candy's shop
should be avoided at all costs because Candy was incompetent. In fact, Candy was a good hair stylist and enjoyed a
good reputation up until the time that Maryann started her criticism. Candy threatened to sue Maryann for
defamation, but Maryann told Candy that Candy could not prevail because Candy could not prove loss of income.
Candy had to admit that while her reputation had been damaged somewhat, the damage was primarily among the
college population. Her income kept increasing from other segments of the community, and she had suffered no net
89. The defamation printed in the school newspaper would be which of the following?
CASE STUDY: Mike, who owns a dive shop in the U.S., decides to take a group of his customers diving in U.S.
waters. Mike is aware that the area where the divers will be visiting is occasionally visited by sharks. He is also
aware that, while sting rays are usually tame, they can become aggressive when fed. Mike does not reveal that
information to the group of divers going with him. The divers go down into the water, and some have squid with
which to feed the sting rays. During the dive, one of the sting rays becomes agitated and latches onto diver Susie's
arm. Susie is so disconcerted that she drops her regulator (her breathing device) from her mouth and is in
considerable difficulty. Another diver, Billy, encounters a shark which snaps at him. Fortunately, the shark does not
bite him but does damage his diving equipment. He is also in distress. Mike, who is in charge of the dive, does
nothing but return to the boat because the dive turned out to be more trouble than expected. Wendy, another diver on
the trip, also returns to the boat without doing anything to help the divers in distress. Sam, on the other hand, goes to
rescue the divers who are in distress. He manages to do so but in the process he pulls his back and requires medical
care. All divers return to the boat very unhappy with Mike.
96. The diver who had damaged equipment because of the shark incident wants to sue Mike for damages. Which of
the following is the most likely result?