47
CHAPTER 6
INTENTIONAL TORTS AND PRIVACY
ANSWERS TO QUESTIONS
AT THE ENDS OF THE CASES
CASE 6.1—QUESTIONS (PAGE 120)
1A. Orlando sued Cole for slander. Why didn’t he sue for libel, given that the comments were
reported in various news publications? When the tort of defamation is committed orally, it is called
slander; when the tort of defamation is committed in writing, it is called libel. Because Cole gave his
statements to the reporters orally and did not issue a writing containing those statements, he
committed slander, not libel.
2A. What did the court mean when it stated that “under the First Amendment there is no such thing
as a false idea”? The First Amendment guarantees, among other things, the freedom of speech. The
CASE 6.2—QUESTIONS (PAGE 128)
THE LEGAL ENVIRONMENT DIMENSION
Should plaintiffs be required to prove the amount of their damages with certainty and exactitude? Why
or why not? Generally, no. The court in the Trustees case explained that “if plaintiffs were obliged to
prove the amount of their damages with certainty and exactitude, Dr. Vossoughi’s evidence would not
pass muster. But definitive and precise proof of damages is rarely possible and not required. Rough
48 UNIT TWO: TORTS AND CRIMES
CHAPTER 6: INTERNATIONAL TORTS AND PRIVACY 49
THE ETHICAL DIMENSION
Did Vossoughi have an ethical duty to reduce the amount of his damages by, for example, retrieving
from the trash as much of his property as he could? Discuss. It is unlikely that Vossoughi had any such
CASE 6.3—QUESTIONS (PAGE 131)
THE ETHICAL DIMENSION
Do Internet service providers (ISPs) have an ethical duty to advise their users if of the information that
the users provide for distribution through the ISPs might violate the law? Explain. Yes, because such
advice could remind users of the limits on information that may be distributed online, just as posted
speed limits remind motorists of how fast they can safely and legally drive. No, because this might have
a “chilling” effect on the user’s speech—that is, on the information that the users would otherwise
provide. Also, it could be considered to constitute the unauthorized practice of law.
THE E-COMMERCE DIMENSION
ANSWERS TO QUESTIONS IN THE REVIEWING FEATURE
AT THE END OF THE CHAPTER
1A. Slander
No, because what Darla said was true and therefore not defamatory. Darla told her friends about Irene’s
instructions to a man over the phone. Because Irene did tell the man to take the goods without paying
for them, she would not be successful in a suit against Darla. Truth is normally an absolute defense to
any claim of defamation or slander.
50 UNIT TWO: TORTS AND CRIMES
2A. Libel
Truth is normally an absolute defense to any claim of defamation or slander. Because Irene did tell the
man to take the goods without paying for them, Darla’s letter exposing this fact is not malicious or
defamatory. Furthermore, Irene’s winning the mayoral election has made her a public figure. Public
figures have less protection against defamation. False and defamatory statements about them that are
published in the press are not defamatory unless the statements are made with actual malice—that is,
with either knowledge of falsity or a reckless disregard for the truth. Therefore, Darla’s statements,
which are either true or believed by her to be true, were not made with actual malice.
3A. Property
4A. False statements
Defamation per se and emotional distress. The strongest suit would be for defamation per se. Irene’s
letter is defamation per se because the false information involves a claim that Darla committed a
criminal act. There could also be a claim of emotional distress, since the outrage of being accused of this
act could be found to exceed the bounds of decency.
ANSWER TO DEBATE THIS QUESTION IN THE REVIEWING FEATURE AT THE END OF THE
CHAPTER
Because of the often anonymous nature of the Internet, defamation has become an outdated
legal concept. It’s no too difficult to track down the person responsible for the defamatory statement.
Each day in blogs around the world, statements are posted that legally constitute libel. So what? The
6-1A. Defamation
(Chapter 6—Pages 119–122)
The legal issue is whether Dun has libeled Richard’s character. For Richard to recover in a legal action,
he must prove the following elements: (a) that the defendant’s writing contained a false statement, not
6-2A. QUESTION WITH SAMPLE ANSWER: Wrongful interference
To answer this question, you must first decide if there is a legal theory under which Harley may be able
to recover. You may recall from your reading the intentional tort of “wrongful interference with a
6-3A. Intentional torts against property
(Chapter 6—Pages 126–127)
(a) Gerrit committed two types of trespass: a trespass on ABC’s land and a trespass of ABC’s
personal property, called a tort of conversion. ABC must establish Gerrit as a trespasser before rights,
6-4A. Trespass to property
(Chapter 6—Page 127)
The court recognized that “when someone illegally seizes another’s personal property and converts it to
his own use, the property’s owner may bring an action for trespass.” The court defined trespass to
6-5A. Intentional torts against property
(Chapter 6—Pages 127–128)
The first question you need to address is whether there is any party (other than Cohen) that Kremen
could sue to obtain relief? Given that the case problem mentioned only one other party (Network
Solutions), your point of departure in answering this question should be to determine whether Kremen
had any cause of action against Network Solutions. To answer the second question, you should review
the discussion of intentional torts against property within the chapter. Which of the torts discussed
there might be applicable to this situation? Clearly, the most appropriate answer to this question would
6-6A. Invasion of privacy
(Chapter 6—Page 122)
A jury found that the Beacon’s telemarketing practices had invaded the Irvines’ privacy and awarded
6-7A. Defamation
(Chapter 6—Pages 119–122)
The court granted the defendant’s motion for summary judgment, which a state intermediate appellate
court affirmed. Both courts held that “the right of a private citizen, or a public citizen for that matter, to
6-8A. CASE PROBLEM WITH SAMPLE ANSWER: Emotional distress
A starting point for analyzing a tort claim is to look at each of the elements necessary to prove the tort.
In this case, the plaintiff alleged an intentional infliction of emotional distress. This tort has four
elements: (1) the intent of the actor; (2) the outrageousness of the act; (3) a causal connection between
the act and the emotional distress (i.e., the actor’s conduct must have caused the distress); and (4) the
6–9A. Libel and invasion of privacy
(Chapter 6—Pages 119–122)
The trial court awarded the newspaper summary judgment and the appellate court affirmed. “On
appeal, the plaintiff first contends that the trial court erred in applying the fair-report privilege to the
newspaper article at issue. Section 611 of the Restatement (Second) of Torts defines the fair-report
6-10A. A QUESTION OF ETHICS: Wrongful interference with a contractual relationship
(a) The New York Court of Appeals recognized that “[a]t bottom, as a matter of policy, courts
are called upon to strike a balance between two valued interests: protection of enforceable contracts,
which lends stability and predictability to parties’ dealings, and promotion of free and robust
competition in the marketplace.” The court acknowledged that actions might be based on both
plaintiff and would not justify defendant’s inducing the customer to breach the existing contract.”
(b) The New York Court of Appeals’ answer to the question was no, absent a prior economic
relationship, a general economic interest in making a profit was not a sufficient defense to wrongful
interference with a contractual relationship. “One who intentionally and improperly interferes with the
performance of a contract . . . between another and a third person by inducing or otherwise causing