Torts Keyed to Epsteinback
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Two mothers were talking outside of a school one afternoon. One of them asked the other for the phone number of the woman she employed in her home to take care of her children. That mother, knowing that reliable childcare is hard to find, did not want to share the information with the other woman, so she instead said, “You don’t want her number, we discovered that she was intoxicated last week when we came home from work.” This accusation was false, but it quickly spread throughout the neighborhood.
If the woman sues the mother for defamation and establishes the above facts, the woman must also show:CorrectIncorrect
A doctor was a world-famous heart surgeon who pioneered a life-saving heart bypass treatment. Throughout his distinguished career, he performed hundreds of operations, almost all of them successful. His bedside manner, on the other hand, was less than pleasant, and he frequently alienated patients.
One patient, a cantankerous, sixty-three-year-old widow, was referred to the doctor, who recommended the now routine bypass surgery. Although she sailed through the operation, the patient felt that the scar on her chest was “more unsightly than average.” The doctor responded by telling her, not so tactfully, that if she lost 100 pounds, the scar would fade. The patient, after conducting extensive research on the subject, found that the average scar in such a case was a half-inch shorter than hers. She sued for malpractice, and the jury found for the doctor. However, the doctor felt that his brilliant reputation was seriously tarnished. Without explanation, several patients canceled their scheduled surgeries a few days after the patient instituted the malpractice suit. If the doctor brings a common law suit against the patient for defamation, which of the following is the best answer?CorrectIncorrect
A boss dictated a letter to his secretary that contained the following sentence: “In sum it seems quite obvious to me that your client’s dealings have been consistently dishonest and certainly unethical, and his character makes him a bad risk for a loan from your bank.”
After dictating the letter, the boss thought for a moment and then told his secretary, “Do me a favor. Destroy the letter I just dictated. There’s no reason to type it. Why should I help out the bank? They charge me eight dollars to certify a check.”
The letter was never typed, and no one other than the bank’s client found out about the letter’s contents. If the client asserts a defamation action against the boss:CorrectIncorrect
A law graduate passed the bar exam and filed an application to be admitted to the state bar. He was required to submit a letter of good conduct from every company that had ever employed him. One company wrote a letter stating that the graduate occasionally stole eggs from them when he had been employed as a truck driver. The allegations turned out to be false, but the graduate’s application was delayed for more than a year while the investigation was pending.
If the graduate brings a defamation suit against the company, will the graduate prevail?CorrectIncorrect
An employer owned a very large meat packing plant. One day, the employer summoned a longtime employee to her office. The employer accused the employee of being infected with hepatitis and demanded that the employee resign from her job. The employee did not, in fact, have the disease, nor did the employer have any reason to suspect that the employee was ill. In fact, the employer wanted the employee to leave the job so she could hire a recent immigrant, at a fraction of the cost. Several of the employee’s co-workers overheard the employer’s charges against the employee, and they told the employee they did not believe the statements.
In an action brought by the employee against the employer, based on defamation, the employee:CorrectIncorrect