Directions
- Respond to each of thethree sections.
- Cite Sources to answer each question.
Section I - Michael and Lucia
Michael and his sister Lucia, are partners in an important business located in a small town in New Jersey. Lucia is married to a well-known automotive dealer and is campaigning to be on the City Council. Michael is in his mid-thirties and has never been married but is in a serious relationship. Both Michael and Lucia travel to other countries to purchase the goods they sell at their retail store. Lucia buys Mexican goods, and Michael buys goods from South American. After a massive earthquake destroys many of the cities in Mexico to which Lucia usually travels, she telephones one of her contacts there and asks him to procure some items and ship them to her. He tells her that it will be impossible to buy these items now because everyone in the town is being evacuated due to a water shortage. Lucia is angry and tells the man that if he cannot purchase the items, he should just take them without paying for them after the town has been evacuated. Michael overhears his sister's instructions and is outraged.
They have a falling-out, and Michael decides that he no longer wishes to be in business with his sister.
1 Suppose that Michael tells several of his friends about Lucia instructing the man to take goods without paying for them after the earthquake. If Lucia files a tort action against Michael alleging slander, will her suit be successful? Why or why not?
2 Now suppose that Lucia wins the election and becomes a member of the city council. Several months later Lucia receives a shipment of goods from the man to whom she spoke in Mexico. Michael asks his sister how she was able to get the goods and she replied, "I've got my ways." Both Michael and his sister believe the goods were obtained fraudulently.
Michael then writes a letter to the editor of the local newspaper disclosing Lucia's misconduct. If Lucia accuses Michael of committing libel, what defenses could Michael assert? Discuss fully.
3 Suppose now that Lucia, who is angry with her brother for disclosing her business improprieties, writes a letter to the editor falsely accusing Michael of having sexual relations with her neighbor's thirteen-year-old daughter. For what intentional tort or torts could Michael sue Lucia in this situation? Discuss fully.
Section II - Michael and Amin
Michael wanted to get away from it all and learned that "One Step, Two Step" an extremely popular band was coming to town. One Step, Two Step is old school in that patrons must buy tickets in person at one location in each venue. Michael went to the local sports complex and waited in line overnight to ensure he got good seats. He didn't want to be lonely so he took his pet ferret (a small animal, an exotic pet) with him.
The ticket office opened at 6:30 but by 9:00 the line had hardly moved. As he was about 15 people away from being serviced, an angry customer, Amin, came running through the line screaming that his girlfriend was up ahead and he had to tell her what to buy. Amin accidentally hit Michael forcefully, breaking Michael's arm.
In addition, Michael had his pet ferret in his coat pocket. The impact caused the ferret to die. Amin said that the slowness of the line and the thought of getting the wrong seats caused him to "lose it."
Michael has sued Amin for his injuries, the loss of his ferret, and emotional distress related to both his injuries and his loss of the ferret. Discuss Michael's claims, any defenses and their likely resolution.
1 Michael's injuries
2 Loss of ferret
3 Emotional distress
Section III - Michael and the Gorilla Pizza
After his injury Michael was treated and released from the hospital. He was given a small dose of pain killers and instructed to go home and rest. Instead, Michael needed to go to his part-time job. His job was to dress in a gorilla outfit and wave a sign attracting attention to his employer's Pete's Pizza business and its new offer of Gorilla size pizzas - fit for King Kong. Michael generally liked his job and wanted to "keep it fresh." Instead of just tossing around the sign and waving to passersby, Michael hid in the shrubs outside the business and when a young couple (Rick and Diane) walked by he jumped out from the bushes frightening the couple and causing the woman to stumble backwards, fall off of her high heel shoes, and twist her ankle.
Diane files suit against Pete's Pizza alleging that Pete's Pizza should be held liable for its employee's actions on the basis of respondeat Superior. Discuss fully.