Question 1

Because public figures, such as movie stars, are subject to so much pressure from the media, they have an easier time bringing a suit for invasion of privacy.

Accepted Answer

Public figures, including movie stars, actually have a harder time bringing a suit for invasion of privacy due to their status. They must prove actual malice or reckless disregard for the truth, which is a higher standard than for private individuals.

Question 2

An employee at the factory where you work announces on the loudspeaker that you are an alcoholic (untrue); you can sue for defamation.

Accepted Answer

Making false statements that harm a person's reputation is considered defamation. In this case, the announcement over the loudspeaker accusing the person of being an alcoholic is false and harmful. Therefore, the person can sue for defamation.

Question 3

Falsely accusing someone in public of having a serious, sexually-transmitted disease may be defamation per se.

Accepted Answer

Defamation per se refers to statements that are inherently malicious and harmful, without the need for further explanation or context. Accusing someone of having a sexually-transmitted disease can be considered defamation per se because it can damage their reputation and personal relationships. However, it ultimately depends on the specifics of the case and whether the statement can be proven to be false and harmful.

Question 4

In Noel v. River Hills Wilsons, where false information about Noel was accidentally given to an employer, the appeals court held that Noel could sue for damage to his ability to gain employment from the workplace defamation.

Accepted Answer

The answer of In Noel v. River Hills Wilsons, where...

Question 5

Libel involves spoken defamatory communication.

Accepted Answer

Libel involves written, printed, or broadcast defamatory communication, while slander involves spoken defamatory communication.

Question 6

In Noel v. River Hills Wilsons, where false information about Noel was accidentally given to an employer, the appeals court held that Noel could not sue for damages for defamation because there was conditional privilege in the workplace.

Accepted Answer

The statement is true. The appeals court held that Noel could not sue for damages for defamation because there was conditional privilege in the workplace.

Question 7

Some false statements communicated to others are presumed by law to be harmful to the person about whom they were made, so no proof of harm is required to win such a defamation suit.

Accepted Answer

This statement is true. These false statements are known as defamation per se and they include false statements about a person's criminal activity, sexual behavior, professional misconduct or incompetence, and false statements that a person has a contagious disease. In these cases, the law presumes that the statements are inherently harmful and no proof of actual harm is required.

Question 8

If a magazine publishes a story that says you were a drug user in the past, which is not true, you may not sue for invasion of privacy because of First Amendment freedom of the press.

Accepted Answer

The First Amendment freedom of the press does not give magazines the right to publish false information about someone's private life, including drug use. This would be considered defamation, which is a legal basis for a lawsuit.

Question 9

A medical worker helped care for a patient. She then told a mutual friend about the problem of the patient. The patient sued the medical worker for invasion of privacy. The suit probably fails because the friend was told out of concern for the patient's health.

Accepted Answer

Although the medical worker may have had good intentions, sharing personal information about a patient without their consent is a violation of their privacy rights. The fact that it was told to a mutual friend out of concern for the patient's health does not necessarily absolve the medical worker of liability.

Question 10

For there to be defamation, there usually must be harm to the person about whom the false statement is made.

Accepted Answer

Defamation involves making false statements about someone that harms their reputation or causes them to suffer some kind of damage or injury. Without harm to the person, there is no basis for a defamation claim.

Question 11

A medical worker helped care for a patient. She then told a mutual friend about the problem of the patient. The patient has a good suit for invasion of privacy against the medical worker.

Accepted Answer

The medical worker violated the patient's privacy by sharing the patient's information without their consent, making them liable for a suit for invasion of privacy.

Question 12

If you hack into your neighbor's computer, you may have committed the tort of invasion of privacy.

Accepted Answer

Hacking into someone's computer without their consent is an invasion of privacy and can result in legal consequences, such as being sued for damages or facing criminal charges.

Question 13

If your employer suspects you of being a thief, and searches your home for evidence (without a warrant), you will barred from bringing any action for invasion of privacy if he sincerely believed you were guilty.

Accepted Answer

This would be a violation of the Fourth Amendment, which protects against unreasonable searches and seizures. Even if your employer sincerely believed you were guilty, they still need a warrant or your consent to search your home. You may have grounds for a lawsuit for invasion of privacy or violation of your constitutional rights.

Question 14

Falsely accusing someone of committing a crime may be defamation per se.

Accepted Answer

Falsely accusing someone of committing a crime may harm their reputation and character, which can be considered libel or slander per se. This means that the statement is so obviously harmful that the victim does not need to prove damages in order to recover compensation.

Question 15

To use a person's name without permission for commercial purposes may be the tort of invasion of privacy.

Accepted Answer

Using a person's name without permission for commercial purposes may violate the person's right to privacy, specifically the right to publicity, which is the right to control the commercial use of one's identity. This can be considered a violation of the tort of invasion of privacy.

Question 16

When Mary runs for the School Board, Bob announces that Mary has a history of not paying her bills, which is true but private information. Mary is humiliated but has no cause of action in tort against Bob because they are in the political arena.

Accepted Answer

Even in the political arena, disclosing true but private facts about someone can give rise to a cause of action for invasion of privacy if the disclosed facts are not of public concern and the disclosure is highly offensive to a reasonable person.

Question 17

If Tiger Woods' photo appears on boxes of Wheaties cereal without his permission, he does not have suit for invasion of privacy because he is a public person.

Accepted Answer

Even public figures like Tiger Woods have the right to control the commercial use of their name, image, or likeness. Unauthorized use for commercial purposes can lead to a lawsuit for invasion of privacy or violation of the right of publicity.

Question 18

Defamation is an intentional false communication that injures a person's reputation.

Accepted Answer

Defamation involves intentional falsehoods that harm a person's reputation.

Question 19

Defamation includes the torts of slander and misappropriation of a likeness.

Accepted Answer

Defamation includes the torts of slander and libel, which involve false statements that harm someone's reputation, but misappropriation of a likeness is a separate tort that involves unauthorized use of someone's name, image, or likeness for commercial gain.

Question 20

Slander involves spoken defamatory communication.

Accepted Answer

Slander refers to the act of making defamatory statements or accusations about someone through spoken words or gestures, as opposed to written or printed defamatory statements, which are known as libel.

Quiz 6: Elements of Torts