Question 1

Under which law is the context of tortious interference with contract extracted from?

Accepted Answer

The answer of Under which law is the context of...

Question 2

The imputation of crime, disease, and those affecting the plaintiff in his business, trade, profession, office or calling are commonly recognized forms of:

Accepted Answer

The imputation of crime, disease, and those affecting the plaintiff in his business, trade, profession, office or calling are forms of per se defamation, which means that the statement is inherently defamatory and does not require further proof of its harmfulness.

Question 3

Which tort is only recognized by a minority of jurisdictions?

Accepted Answer

Negligent infliction of emotional distress is recognized by a minority of jurisdictions because it requires proving that the defendant's negligence caused the plaintiff's emotional distress, which can be more difficult to establish compared to other torts like libel, slander, or intentional infliction of emotional distress.

Question 4

Explain the similarities and differences between libel and slander.

Accepted Answer

The answer of Explain the similarities and differences between libel...

Question 5

When a person is protected by _______________, the remarks made will be immune from a defamation suit, if the person has made them in good faith.

Accepted Answer

Qualified privilege protects individuals from defamation suits when they make statements in good faith that are relevant to a particular situation or issue. This protection applies to situations where there is a moral or legal duty to speak, such as in court testimony or statements made by government officials in the course of their duties. However, qualified privilege can be lost if the statement is made with malice or without a reasonable belief in its truth.

Question 6

Which of the following applies to the protection of proprietary information by common law or state statute?

Accepted Answer

Trade secrets are protected by common law or state statute, while employee's social security number, worker's compensation, and trademarks have their own specific legal protections.

Question 7

Robert, a mid-level manager at Revive Corp., was falsely accused of sexual harassment. In the course of its investigation, the company questioned numerous co-workers about Robert, searched his office and computer files without his permission, and interviewed his neighbors. Although the investigation produced no evidence of Robert's guilt, he was fired since the company's president felt that the accusation was a poor reflection on the organization. If Robert sues Revive, his complaint will likely contain counts of:

Accepted Answer

Robert's complaint will likely contain a count of wrongful discharge since he was fired without any evidence of guilt. The other options are not relevant to the situation described.

Question 8

If a communication tends to harm the reputation of an individual to lower him or her in the estimation of the community or to deter third persons from associating or dealing with him or her, this is considered a:

Accepted Answer

This is considered defamation, which is the communication of false statements that harm the reputation of an individual. It is a civil offense, not a criminal offense like a felony or misdemeanor. Strict liability refers to legal responsibility for injury or damage without the need to prove fault, and is not relevant to this situation.

Question 9

Define the tort of defamation.

Accepted Answer

The answer of Define the tort of defamation....

Question 10

Which of the following is considered an offense with lower level culpability compared to intentional infliction?

Accepted Answer

Negligent infliction is considered an offense with lower level culpability compared to intentional infliction, as it involves a failure to take reasonable care to avoid causing harm rather than a deliberate action to cause harm. Libel, slander, and qualified privilege are not related to culpability levels for infliction offenses.

Question 11

Explain the differences between libel or slander that is per se or not per se.

Accepted Answer

The answer of Explain the differences between libel or slander...

Question 12

Which of the following is a requirement to submit a claim to binding arbitration?

Accepted Answer

The National Labor Relations Act (NLRA) preemption is relevant because it establishes the framework within which labor relations and disputes are managed in the United States, including the use of arbitration to resolve disputes. The other options listed do not pertain to the submission of claims to binding arbitration in the context of labor and employment disputes.

Question 13

Guana Inc. persuaded Mandy, DOS Right Inc.'s top systems engineer, to "jump ship" and come over to Guana, bringing all her notebooks and diskettes containing her work from DOS Right. Mandy accepted the offer since DOS Right had reneged on a bonus that she believed she was promised, but was never paid. On these facts:

Accepted Answer

Guana may be liable for tortious interference with contract as they persuaded Mandy to breach her contract with DOS Right by bringing over confidential information. DOS Right can sue Guana for damages resulting from this interference. However, Mandy may have also breached her duties to DOS Right by taking confidential information without authorization and Guana may be liable for aiding and abetting her breach of duty.

Question 14

An employee's theft of her employer's trade secrets is considered as a(n):

Accepted Answer

Theft of trade secrets by an employee is considered a tort, as it is a civil wrong committed against the employer. It also falls under the category of intellectual property theft, which is a serious offence. Liability refers to the responsibility of an individual or organization for their actions, while a bailment refers to the transfer of possession of property from one party to another. An injunction is a court order that requires someone to stop doing a particular action.

Question 15

The elements of retaliatory demotion are quite the same as:

Accepted Answer

Retaliatory demotion is a form of wrongful discharge, where an employee is demoted due to engaging in protected activity such as whistleblowing or filing a complaint of discrimination or harassment. The other options listed are not directly related to retaliatory demotion.

Question 16

Julie harassed her co-worker Van by regularly tampering with his belongings and leaving threatening messages on his desk. This repeated harassment caused Van to suffer from severe depression. In the above scenario, what type of tort can Van claim on Julie?

Accepted Answer

Intentional infliction of emotional distress involves extreme and outrageous conduct that causes severe emotional distress to the victim. In this scenario, Julie's repeated harassment and threatening messages on Van's desk meet these criteria, and Van can claim intentional infliction of emotional distress as a tort.

Question 17

Which is business defamation?

Accepted Answer

The answer of Which is business defamation?...

Question 18

How can a person be immune from a defamation suit if he is protected by qualified privilege?

Accepted Answer

The answer of How can a person be immune from...

Question 19

In the CDC RESTORATION & CONST., LC V. TRADESMEN CONTRACTORS, LLC case, the court found that _______________ were/was not a trade secret under the UTSA.

Accepted Answer

The court found that pricing information was not a trade secret under the UTSA.

Question 20

What kind of precautions do employers use to guard their valuable intellectual property from misappropriation by disgruntled, departing employees?

Accepted Answer

The answer of What kind of precautions do employers use...

Quiz 3: Commonly Committed Workplace Torts