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 paper 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 to go. 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.

Question

Quizplus · Accepted Answer

There is no evidence of any conduct by Computerheaven Ltd. that would amount to a tort of nuisance. The other options could potentially be successful: A) Clark may be able to bring an action for defamation based on Don's false statement that Clark is a fraud. B) Computerheaven Ltd. could be vicariously liable for Don's actions as their employee. D) Clark may be able to bring an action for deceit based on Don's misrepresentation that "superstuff" was the highest grade paper. E) Don's action of throwing a hard disk at Clark constitutes battery.

Clark Was at Computerheaven Ltd