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Fact Pattern 9-1 Frank Belongs to the Same Country Club as His Former

Question 60

Multiple Choice

Fact pattern 9-1
Frank belongs to the same country club as his former physician,Dr.Bozo.Frank recently started dating Dr.Bozo's former wife,Alice,and decided to find a new physician.Frank found out that Dr.Bozo has been telling their mutual friends at the club about Frank's high blood pressure and problems with anxiety.Frank is very angry,confronts Dr.Bozo on the golf course and tells him that he is going to sue him under a federal law protecting medical information.Dr.Bozo laughs and says in front of a number of Frank's golfing buddies,"I'm not surprised that you're going nuts and that you have high blood pressure - hanging out with Alice has done that to many a man."
-Refer to fact pattern 9-1.Alice is furious when she finds out what Dr.Bozo said about her and decides that she is going to sue him for defamation.Which of the following would be Dr.Bozo's best defense?


A) That he did not put anything in writing and that,therefore,no cause of action for defamation is available.
B) That he was married to Alice at one time.
C) That he did not make the statement in front of a sufficient number of people.
D) That he was expressing an opinion.

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