Clark was at Computerheaven Ltd. and asked for a box of the highest grade computer paper. Don, the employee, went to the back to get it, but he didn't know which was the best grade of paper out of the five choices available. He took out a box of paper called "superstuff" and told Clark that was the highest grade paper, even though he wasn't sure it was. Clark bought it. On the way out, Clark, a successful freelance computer programmer for the last five years, asked Don some questions about a new laser printer on display. Don started giving Clark his sales pitch, and Clark said with a smile, "I don't think you know what you're talking about." Don flushed and yelled, "You go to %^&$. You call yourself a programmer and you don't know anything about programming. You're a first class fraud!" A client of Clark's overheard this conversation. Clark called Don a "jerk" and left. As he was walking out the door, Don threw a hard disk at him and hit Clark in the back of the head. Considering the legal meaning of the following, indicate which of the following would not be successful based on these facts.
A) An action against Computerheaven Ltd.
B) An action for the tort of deceit
C) An action for the tort of nuisance
D) An action for the tort of battery
E) An action for the tort of defamation

Question

Quizplus · Accepted Answer

An action for the tort of nuisance would not be successful based on these facts because nuisance typically involves a defendant causing an interference with the plaintiff's use and enjoyment of their land, which is not applicable in this scenario. The other options (deceit, battery, defamation) relate more directly to the actions described (misrepresentation of product quality, physical assault, and damaging statements made in front of a client, respectively). An action against Computerheaven Ltd. could potentially be successful due to the actions of their employee.

Clark Was at Computerheaven Ltd