...• Defamation • Specific Tort • Tort of defamation protects reputation • Definition - Defamation Winfield: “publication of statement which tends to lower a person in the estimation of right thinking members of society generally or which makes them shun or avoid that person” • Right to reputation – if effected by means of words spoken or written is actionable as civil as well as criminal wrong • Dixon v Holden 1869 • A man’s reputation is his property and if possible more valuable than any other property. • Hence an injury to a person's reputation results in substantial damage and the law recognizes it as a tort and a crime. • A defamatory matter may be of any imputation concerning any person, or any member of family, whether living or dead, by which the reputation of that person is likely to be injured. • Defamation in common law • The common law origins of defamation lie in the torts of slander (harmful statement in a transitory form, especially speech) and libel (harmful statement in a fixed medium, especially writing but also a picture, sign, or electronic broadcast), each of which gives a common law right of action. • Libel • A libel can be defined as a publication of false and defamatory statement in some permanent form tending to injure the reputation of another person without lawful justification or excuse. • libel is actionable per se, i.e., without proof of actual damage. • In libel, general damages are presumed i.e., the plaintiff...
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...Ethical Organization Profile University Of Phoenix Angel L. Medina MGT/216 Organizational Ethics and Social Responsibility October 15, 2010 Dr. Steven Englehart Large companies have formal performance management systems with a matrix process on every employee that is held every 6 months or once a year. The matrix is a sort of a syllabus for measurements of job performances. The written appraisals will have an influence on any salary adjustment, promotion, upgrades, transfers and positions. In the mean time it is a manager’s responsibility to oversee all the tenures performances, ethical behavior, and moral standards throughout the year. When managers give continues feedback performance against those objectives are measured employees are not surprised by the annual performance. Ethics is the branch of philosophy that seeks to determine how human actions may be judged right or wrong. When the study of ethics is applied to management it is necessary to discuss all basic ethical position, but the nature of the profession and conditions under the management operation. Ethics is not the same as moral, since ethics uses common experiences as its point of managing from right and wrong. There are two types of rights moral rights, in which the claim is based on moral principles, and legal rights in which the claims based on law. Any such claim your obligation as a manager is to manage and hold them accountable for the company’s matrix as tenures. Rights are accepted when they...
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...¶1). National Enquirer has a reputation for stretching the truth about the stories contained within the magazine. Often times the stories are derogatory toward celebrity figures, and are grossly exaggerated creating a perception of that person that is not positive. This would be defamation of character “Defamation of Character, is false and unprivileged spoken words or written publication, which exposes any living person to hatred, contempt, ridicule” (Aaron Larson, 2005 p. 1). The stories have to be somewhat true so the journalist will print just enough truth to make the story believable. However, after many lawsuits and out of court settlements the magazine has tried to improve its public image. “The National Enquirer’s reputation is still poor, even with the improvements over the past years, according to the Pew Research Center’s latest survey” (Hannah, 2004 p.1). Jones versus National Enquirer Case study: “The National Enquirer published an article about Shirley Jones, an entertainer. Jones, a California resident, filed a lawsuit in California state court against the National Enquirer and its president, who was a resident of Florida. The California lawsuit sought damages for alleged defamation, invasion of privacy, and intentional infliction of emotional distress. Calder v. Jones, 465 U.S. 783, 104 S.Ct. 1482, 79 L.Ed.2d 804, Web 1984 U.S....
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...Synopsis of Tort Cases The team read and answered questions regarding the four different tort cases presented in the class syllabus. The complaints from each case vary from negligence, employee incompetence, personal injury inflicted by another party, strict liability, and premise liability. The situations in the four scenarios are different, but each scenario has a plaintiff who thinks he or she has grounds for bringing a lawsuit against a defendant. Each scenario identifies and discusses the plaintiffs and defendants, the key elements of the scenario, the possible defenses, and opinions on the outcome of the suits filed. Scenario 1 Tom Hanks the defendant invited Ben Button, the plaintiff, to play volleyball at his home one evening in 2004. Ben decided to join the other volleyball players about 45 minutes after the others had started. Within 10 minutes of joining, Button fell and sustained injuries to his right elbow. When Hanks, called Button’s father to tell him he was hurt, he mentioned he fell over an invisible line, which was later discovered to be a pinkish colored line for tying down the poles of the net. Looking at this case from Button’s side, one fact that supports his argument is the out-of- bounds line was in a dangerous place because of the proximity to the street. A second arguable fact is that a player has to run past the tie lines to retrieve an out-of-bound ball. Another fact is, according to Button’s father, Hanks’ admission that Ben tripped on the invisible...
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...intentional tort, unintentional torts and strict liability tort. The first intentional tort is the battery by Daniel on Malik for accidently spilling cold beer on his son Ruben. Daniel shoved Malik which caused him to fall. Malik tried to break his fall and grabs the railing which didn’t support the weight of Malik. The railing broke and Malik hit the steps and knocked out two of his front teeth. This will fall under strict liability tort. Malik can file a law suit against the owners of the football stadium for not ensuring the railing was safe for everyone in the stadium. This fall under product liability “The liability of manufacturers, sellers, and others for the injuries caused by defective products.” Cheeseman (2010). “Defamation of character false statement(s) made by one person about another. In court, the plaintiff must prove that (1) the defendant made an untrue statement of fact about the plaintiff and (2) the statement was intentionally” Cheesesman (2010). Daniel can suit the woman in court for intentionally making a false statement about Denial. The statement wrongfully accused Daniel of giving Ruben beer at the game. Daniel boss over heard the statement and fired Daniel from his job. Daniel can also suit his boss for wrongfully termination of his employment. The concession worker gave Daniel to regular soft drinks instead of the diet soft drinks. He asked for. In the situation I believe...
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...passed and the U.S. changed the First Amendment, it became more of a pillar for free speech, free press and the right to peacefully assemble. The First Amendment, at its early stage, was only applied by laws by Congress but now it has been directed in the process of incorporating a clause through the Fourteenth Amendment – due process. The First Amendment protects as well as gives an understanding of what society can and cannot do as citizens of the United States. First Amendment/Defamation As a team, we are in agreement that the First Amendment protects defamation to an extent. For example, consider the media who report on current events all over the world. Journalists are the most accused of defamation due to the topics which are discussed. This in turn creates a stage that is known to the world as “correct reporting”. Freedom of speech, as characterized in the First Amendment, allows individuals the freedom to say what they want so long as it does not create falsehoods and defames the character of any one individual. First Amendment/Censorship Although the First Amendment gives people or companies the freedom of speech and press, they should use caution when conducting business. Companies should refrain from using language or product identifications that are misleading or fraudulent - “the law provides remedy to recover damages when the innocent party suffers a pecuniary loss as a result of the false representation” (Melvin, Chapter 9, p. 212, 2011). Companies definitely...
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...intentional tort, since he did plan to hurt Malik intentionally. In this situation, Malik would be considered as the plaintiff and Daniel, the defendant. I believe Daniel would be guilty in this tort. Malik on the other hand would still be guilty of spilling the bear on... The torts applicable in scenario 1 are negligence-actual cause - the fan injured by the ball; duty of care - Daniel shoving Malik; strict liability and product liability, the stadium and the manufacturer of the railing – Malik was hurt on the public property; negligence-actual cause – the concession stand worker giving the wrong type of soft drinks to Daniel, a diabetic after drinking the regular drink slips into a diabetic coma. The lady and Daniel’s boss for defamation of character and wrongful firing; assault and battery – Daniel thought he and his son was in immediate danger and shoots Malik, infliction of emotional distress – Malik’s wife is emotional Throughout this reading, we have evaluated several scenarios and made legal decisions based on the information that we know and the information that we have learned in the previous chapters. Our goal is to determine the tort actions seen in the scenarios identify potential plaintiffs, identify potential defendants, why they are defendants, the elements of the tort claims that constitute the plaintiffs’ claims, any defenses that the defendants may assert, and how the case will be resolved with legal reasoning. Scenario 1 What tort actions do you see? Intentional: ...
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...Business Law & Ethics 2 October 2012 Defamation: Daphne Auto LLC v. Pensacola Motor Sales Defamation (defamation of character) is the tort of publication of a false statement of fact that causes injury to someone’s reputation or character. Defamation allegations can also be brought via a similar arena of portraying a false light which indicates false implications rather than definitive false statements (Citizens Media Law Project). Our case, an Alabama business lawsuit, Daphne Auto., LLC v. Pensacola Motors Sales, Inc. involves defamation in the form of slander. The case was filed January 1, 2010 in Circuit Court of Mobile County, Alabama. The litigants are Daphne Automotive, LLC d/b/a Eastern Shore Toyota and Shawn Esfahani, v. Pensacola Motor Sales, Inc. d/b/a Bob Tyler Toyota and its sales manager Fred Keener. The crux of the suit references defamatory statements made about Esfahani and Eastern Shore Toyota by Bob Tyler Toyota, its sales manager, Fred Keener, and its employees to potential customers regarding his birthplace, him being an Islamic terrorist, and that he was using his dealership to fund Taliban operations in Iraq. Mr. Esfahani learned of the alleged defamation against him from a couple that had previously purchased a vehicle from Bob Tyler Toyota but were now shopping to purchase a vehicle for the wife. The plaintiff in his pursuit petitioned the court to be awarded compensatory and punitive damages on three courses of actions (Daphne v Pensacola): ...
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...photo in question violates the libel defamation and/or copyright laws for use of Travolta’s image, and finally, whether or not Rolling Stones Magazine is protected under their First Amendment rights. The rules of law the court will use to decide this case are listed below. Parody: is defined as a literary or musical work in which the style of an author or work is closely imitated for comic effect or ridiculed a feeble or ridiculous imitation. In other words, a parody is a form of speech protected by the First Amendment as a "distorted imitation" of an original work for the purpose of commenting on it. The subject matter is usually a political or entertainment figure or situation and it is often used in a comedic way to bring up a point or exaggerate the situation. Some forms of parody and satire are difficult to distinguish from truthful publications. Moreover, many forms of parody and satire can be particularly offensive to the subject of the parody. As a result, publication of various types of parody often involves litigation over libel, slander, and other types of Defamation. Fair Use Doctrine Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair. 1. The purpose and character of the use, including whether such use...
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...can sue Franco and Sure Company for their deception. Franco can also possibly file defamation against his employer because they insulted him in front of the other employees of the company. Franco can also sue the Company for violating his right to protest and the tort of intentional battery by the former employee being escorted out by security. The potential plaintiffs are the customers that were deceived by the rate increase and Franco who was blamed for stealing when that was not the case. Raul is also a plaintiff because he suffered permanent damage from the staple gun incident. The first possible defendant could be the company because it is responsible for the conduct of its employees. Next, Franco’s boss is a potential defendant because they accused him of stealing which isn’t true thus turning that situation into defamation of character. Lastly, Franco could be charged because he executed the dereliction of duty by deliberately falsifying info to increase the profits of the company. The first tort claim is when customers sued Sure Company for the fraudulent activities. The whole problem was initiated by Franco who lied to the customers regarding the coverage amount when he knew that it was not true. The customers believed him and relied on the inaccurate information given by Franco. Because of the false claim that Franco was stealing, he was fired and all this caused defamation. His reputation was damaged and when passed on to the other employees more damage was...
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...ruin his reputation. The legal aspect of this issue is the fact that she made a defaming statement about Bob. Defamation can either be slander or liable, although it was slander when Martha communicated a wrongful accusation “that Bob is not a man of his Word” to a third party(TBREA) that caused them(assuming they are reasonable people) to have a lower opinion of Bob, which can cause his business to suffer. The ethical aspect of this issue is the fact that Martha being a reasonable person should have known that it is ethically wrong to talk about somebody in a hurtful way especially among his peers. Martha will be liable for defamation. She slandered Bob’s reputation and as a result his clients will doubt his word and his reputation and business as a result will suffer. The statement “Bob just doesn’t keep promises” is indeed defamatory statement because a reasonable person would have thought that it referred to the plaintiff (McInnis,Kerr,Vanduzer; 2014).Member of the (TBREA) knew that Martha was referring to Bob because she made no effort to even hide his name, although if she has just said “he just doesn’t keep his promises” members might not know who she is referring to and consequently would not be a defamatory statement. Martha does not have any defences to the tort of defamation. Martha was ethically wrong based on her character and virtue reasoning. Character/virtue ethical reasoning states that we should consider what kind of people we want to be, and what example we...
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...or offensive touching of another without consent. 10. Rule of law: Intentional Torts: Assualt Is placing a person in immediate apprehension of one's physical safety. 11. Rule of Law:Intentional Torts: Assault/Battery Defenses o 1. Self defense is defending yourself and a third party using only enough force that is necessary. o 2. Discipline is a parent using enough force that is reasonable and necessary. 12. Rule of Law: Intentional Torts: False Imprisonment:Defense o False imprisonment is the intentional confinement of another person for an appreciable time without consent. o Defense: Consent 13. Rule of law:Intentional Torts: Defamation of Character Defamation of character is publication of a false statement about a person that brings one into hatred, ridicule or contempt. 14. Rule of Law: Intentional Torts: Defamation of Character: Defense. o 1.)The truth o 2.)Must be communicated to a third party. o 3.).Absolute Privilege like a judge during a court session. o 4.) Conditional Privilege which means that whatever is said must...
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...Amendment. The First Amendment protects advocacy of illegal action except when imminent action is intended and probable. Justice Oliver Wendell Holmes, Jr. gave the example of, “falsely shouting fire in a theatre causing panic” (http://www.firstamendmentcenter.org/not-many-exceptions-to-free-speech-guarantee). This is not protected because it presents a clear and present danger that causes an immediate reaction that could cause physical harm or injury to others. Defamation, both written (libel) and spoken (slander), is not protected by the First Amendment. The qualifying factors to be considered defamation the communication must be: intentional, untrue, damaging to the reputation of that person, and directed to/at someone other than the person it is regarding (http://legal-dictionary.thefreedictionary.com/Defamation). Allegations of serious criminal actions or allegations of serious sexual misconduct are examples of defamation per se. The plaintiff does not have to prove damage to his/her character when defamation per se applies (http://www.abbottlaw.com/defamation.html). The lack of First Amendment protection is to avoid having reputations destroyed by malicious spoken or written statements of others. The First Amendment does not provide protection for obscenity. The three part test that decides whether sexual material will be protected or not is called the Miller Test. As stated at http://legal-dictionary.thefreedictionary.com/First+Amendment , “Material will not be declared...
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...Tort Law plays a major role in the world of health care. Torts, an act that is under the civil law category, describe wrongful actions executed against one without an established contract. There are three key zones that are incorporated within the Tort Law and they are as follows: infliction of mental distress, negligence, and intentional torts (Buchbinder and Shanks, 2012). Intentional torts are considered to be defamation of character, battery, invasion of privacy, false imprisonment, and assault. In order for these cases to be effective, one must prove that they were the victim of deliberate injury. A patient is considered to be a victim of defamation of character when there is evidence of written or oral false representation of them....
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...“Maryland law recognizes that a defamation plaintiff has the burden of showing that the allegedly false statement is not ‘substantially correct.’” Hopkins v. Lapchick, 981 F. Supp. 901, 903 (D. Md. 1997) (quoting Batson v. Shiflett, 325 Md. 684, 726, (1992)). Moreover: In Masson v. New Yorker Magazine, Inc., 501 U.S. 496, 516-17, 115 L. Ed. 2d 447, 111 S. Ct. 2419 (1991), the Supreme Court laid out a broad-ranging review of defamation law’s recognition of the idea that a communication is not actionable if its “substance,…gist,…[or] sting…be justified.” 501 U.S. at 517. The Court went on to give an alternative test, viz., whether the statement “would have a different effect on the mind of the reader from that which the pleaded truth would have...
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