Business Law

Business

Quiz 8 :

Intentional Torts and Business Torts

Quiz 8 :

Intentional Torts and Business Torts

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Many retailers have policies that instruct employees not to attempt to stop shoplifters. Some store owners fear false imprisonment lawsuits and possible injuries to workers more than losses related to stolen merchandise. Are these "don't be a hero" policies reasonable? Would you put one in place if you owned a retail store?
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False imprisonment:
False imprisonment involves the intentional restraint of another person without reasonable cause and without consent.
False imprisonment cases most commonly arise in retail stores, which sometimes detain employees for suspected shoplifters.
False imprisonment has sometimes found in situations where store keeper holds an individual to examine whether the individual shoplifted goods.

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The Supreme Court has defined public figures as those who have "voluntarily exposed themselves to increased risk of injury by assuming an influential role in ordering society." When deciding whether someone is a public figure, courts look at whether this person has received press coverage, sought the public spotlight, and has the opportunity to publicly rebut the accusations. Some have argued that social media makes anyone with a public Facebook profile or a certain number of Twitter followers a public figure. Do you agree? Should the Court revisit the definition of "public figure" in light of social media
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The argument made by some people regarding the public figure is correct in the light of social media. These days' social media is so much active that anyone can make himself a public figure by doing something unusual because he knows media is there to capture his actions and make him a public figure.
It has become very easy for any person to become public figure and claim themselves as risk taker for serving society. Court should change the definition of public figure and make some amendment which makes the rule strong and easy to recognize the public figures.

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Refer back to Question 1. If Ann decides to sue, she _________have to show evidence that she suffered an injury. If she ultimately wins her case, a jury ______________have the option to award punitive damages. (a) will; will (b) will; will not (c) will not; will (d) will not; will not
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Punitive damages:
Damages are intended to punish the defendant for conduct that is extreme and outrageous.
A decides to sue, she will have to show the evidence that she suffered an injury. If she ultimately wins her case, a jury will have the option to award punitive damages. Hence, option
img is correct.
A decides to sue, she will have to show the evidence that she suffered an injury. If she ultimately wins her case, a jury will not have the option to award punitive damages. Hence, option
img is incorrect.
A decides to sue, she will not have to show the evidence that she suffered an injury. If she ultimately wins her case, a jury will have the option to award punitive damages. Hence, option
img is incorrect.
A decides to sue, she will not have to show the evidence that she suffered an injury. If she ultimately wins her case, a jury will not have the option to award punitive damages. Hence, option
img is incorrect.

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Imagine a case in which a jury awards compensatory damages of $1 million. In most cases, a jury would rarely be allowed to award more than________in punitive damages. (a) $1 million (b) $3 million (c) $9 million (d) $10 million (e) $25 million
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You are a vice-president in charge of personnel at a large manufacturing company. In-house detectives inform you that Gates, an employee, was seen stealing valuable computer equipment. Gates denies the theft, but you believe the detectives and fire him. The detectives suggest that you post notices around the company, informing all employees what happened to Gates and why, because it will discourage others from stealing. While you are considering that, a phone call from another company's personnel officer asks for a recommendation for Gates. Should you post the notices? What should you say to the other officer?
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Al runs a red light and hits Carol's car. She later sues, claiming the following losses: $10,000-car repairs $10,000-medical expenses $10,000-lost wages (she could not work for two months after the accident) $10,000-pain and suffering If the jury believes all of Carol's evidence and she wins her case, how much will she receive in compensatory damages? (a) $40,000 (b) $30,000 (c) $20,000 (d) $10,000 (e) $0
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Caldwell was shopping in a K-Mart store, carrying a large purse. A security guard observed her looking at various small items such as stain, hinges, and antenna wire. On occasion, she bent down out of sight of the guard. The guard thought he saw Caldwell put something in her purse. Caldwell removed her glasses from her purse and returned them a few times. After she left, the guard approached her in the parking lot and said that he believed she had store merchandise in her pocketbook, but he could not say what he thought was put there. Caldwell opened the purse, and the guard testified that he saw no K-Mart merchandise in it. The guard then told Caldwell to return to the store with him. They walked around the store for approximately 15 minutes, while the guard said six or seven times that he saw her put something in her purse. Caldwell left the store after another store employee indicated she could go. Caldwell sued. What kind of suit did she file, and what should the outcome be?
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You have most likely heard of the Liebeck v. McDonalds case. Liebeck spilled hot McDonald's coffee in her lap and suffered third-degree burns. At trial, evidence showed that her cup of coffee was brewed at 190 degrees, and that, more typically, a restaurant's "hot coffee" is in the range of 140 to 160 degrees. A jury awarded Liebeck $160,000 in compensatory damages and $2.7 million in punitive damages. The judge reduced the punitive award to $480,000, or three times the compensatory award. Comment on the case and whether the result was reasonable.
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Lou DiBella was an executive responsible for programming boxing shows on HBO cable network. DiBella signed Bernard Hopkins, the then-middleweight world boxing champion, to participate in a fight televised by HBO. After DiBella's departure from the network, he and Hopkins entered into an agreement in which Hopkins paid $50,000 for DiBella's promotional services. Months later, Hopkins publicly accused DiBella of taking bribes and "selling" spots in HBO fights, calling him greedy, filthy, and unethical. DiBella sued Hopkins for libel. What did DiBella have to prove to be successful in his claim?
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The Supreme Court limits punitive damages in most cases to nine times the compensatory damages awarded in the same case. Is this a sensible guideline? If not, should it be higher or lower?
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Sam sneaks up on Tom, hits him with a baseball bat, and knocks him unconscious. Tom never saw Sam coming. He wakes up with a horrible headache. Which of the following torts has Sam committed? (a) Assault (b) Battery (c) Both A and B (d) None of the above
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With a national debt in the trillions, people are desensitized to "mere" billions. Stop for a moment and consider $1 billion. If you had that sum, invested it conservatively, and got a 5 percent return, you could spend roughly $1 million a week for the rest of your life without reducing your principal. This chapter described three lawsuits with jackpot punitive damage awards. The jury award was $10 billion in Texaco v. Pennzoil, $5 billion in the Exxon Valdez case, and $3 billion in Boeken v. Philip Morris. Is there any point at which the raw number of dollars awarded is just too large? Was the original jury award excessive in any of these cases? If so, which one(s)?
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Tata Consultancy of Bombay, India, is an international computer consulting firm. It spends considerable time and effort recruiting the best personnel from India's leading technical schools. Tata employees sign an initial three-year employment commitment, often work overseas, and agree to work for a specified additional time when they return to India. Desai worked for Tata, but then he quit and formed a competing company, which he called Syntel. His new company contacted Tata employees by phone, offering higher salaries, bonuses, and assistance in obtaining permanent resident visas in the United States if they would come work for Syntel. At least 16 former Tata employees left their jobs without completing their contractual obligations and went to work for Syntel. Tata sued. What did it claim, and what should be the result?
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Jane writes an article for a newspaper reporting that Ann was arrested for stealing a car. The story is entirely false. Ann is not a public figure. Which of the following torts has Jane committed? (a) Ordinary slander (b) Slander per se (c) Libel (d) None of the above
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Pacific Express began operating as an airline in 1982. It had routes connecting western cities with Los Angeles and San Francisco, and by the summer of 1983, it was beginning to show a profit. In 1983, United Airlines tried to enter into a cooperative arrangement with Pacific in which United would provide Pacific with passengers for some routes so that United could concentrate on its longer routes. Negotiations failed. Later that year, United expanded its routes to include cities that only Pacific hadserved. United also increased its service to cities in which the two airlines were already competing. By early 1984, Pacific Express was unable to compete and sought protection under bankruptcy laws. It also sued United, claiming interference with a prospective advantage. United moved for summary judgment. Comment.
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