Business Law Test 2 Ch 9 Set 2

Front 1

must be proved in defamation cases that involve public figures. knew the statement was false

Back 1

malice

Front 2

a statement may be damaging, but, if it is the -----, it is not defamation.

Back 2

Truth

Front 3

What are the two types of privileged speech?

Back 3

absolute privilege and qualified privilege

Front 4

a defense to defamation; a protection given to legislators and courtroom participants for statements made relating to the proceedings; encourages people to come forward and speak without fear of liability

Back 4

absolute privilege

Front 5

a defense to defamation available to the media that permits retraction and no liability so long as the information is not printed or given with malice or with reckless disregard for whether it is true.

Back 5

qualified privilege

Front 6

also known as tort of contract interference or tortious interference with contracts.

Back 6

tortious interference

Front 7

occurs when parties are not allowed the freedom to contract without interference from third parties.

Back 7

tortious interference

Front 8

someone intentionally persuades another to break a contract already in existence

Back 8

basic definition of tortuous interference

Front 9

Third party knew of existing contract between two primary parties
Third party intended to interfere with or cause a breach contract
Original party to the contract is injured by breach of contract induced by the third party

Back 9

elements of contract interference

Front 10

often referred to as the shopkeeper's tort

Back 10

false imprisonment

Front 11

the detention of a person for any period of time (even for a few minutes) against his will.

Back 11

false imprisonment

Front 12

Need Not Establish Physical Damages; Just the Fact That They are Detained Establishes Sufficient Damages

Back 12

false imprisonment

Front 13

this privilege allows a shopkeeper to detain a suspected shoplifter for a reasonable period of time while the matter or incident is investigated.

Back 13

shopkeeper's privlilege

Front 14

in most states, the shopkeeper must have a reasonable basis for keeping the person; that is, the shopkeeper must have reason to suspect the individual even if it turns out later the individual has an explanation or did not do what the shopkeeper suspected.

Back 14

shopkeeper's privilege

Front 15

Liability for Conduct That Exceeds All Bounds of Decency
Difficult for Plaintiff to Establish Emotional Distress
Has Been Used By Debtors Against Collectors

Back 15

intentional infliction of emotional distress

Front 16

the intentional tort of invasion of privacy consists of what three different torts?

Back 16

intrusion into the plaintiff's private affairs, public disclosure of private facts, unauthorized appropriation

Front 17

occurs when photographers or others stalk individuals

Back 17

intrusion into the plaintiff's private affairs

Front 18

this tort occurs when a company makes information about an employee public such as disclosing that a ceo used lsd during college.

Back 18

public disclosure of private facts

Front 19

disclosing that a ceo used lsd in college is not defamation because it is -------, but may well be the tort of ------

Back 19

true, invasion of privacy.

Front 20

involves using someone's name, likeness, or voice for commercial advantage without his or her permission

Back 20

unauthorized appropriation

Front 21

HIPAA Protects Health/Patient Privacy under which tort?

Back 21

the invasion of privacy tort known as public disclosure of private facts.