Week 3 Monday Discussion

687 WordsNov 20, 20133 Pages
1. What is a tort? A tort is a civil wrong not arising from a breach of contract; a breach of a legal duty that proximately cause harm or injury to another. The purpose of tort law is to provide remedies for the invasion of various protected interests. The basic categories of torts are two classifications intentional and unintentional torts. (p.116) 2. What is a cyber-tort, and how are tort theories being applied in cyberspace? A tort committed in cyberspace. Tort theories which apply to cyberspace are those of defamation, which is complicated by the anonymity of the internet service provider (ISP). In order to prosecute, court order is often necessary to get an ISP to reveal the identity of the source of the comments. (p.…show more content…
If Irene files a tort action against Darla alleging slander, will her suit be successful? Why or why not? Yes her suit will be successful, defamation of character, making false, defamatory statements of fact about others. Breaching orally involves the tort of slander. Made about a person’s product, business, or legal ownership rights of property. (p.119) | | 2. Now suppose that Irene wins the election and becomes the city’s mayor. Darla then writes a letter to the editor of the local newspaper disclosing Irene’s misconduct. If Irene accuses Darla of committing libel, what defenses could Darla assert? The issue of defamation was a fact or a statement of opinion. Statements of opinion normally are not actionable because they are protected under the First Amendment. (p.119) | | 3. If Irene accepts goods shipped from Indonesia that were wrongfully obtained, has she committed an intentional tort against property? Explain. Yes Irene would be committing an intentional tort. If the true owner brings a tort action against the buyer, the buyer must either return the property to the owner or pay the owner the full value of the property (despite having already paid the purchase price to the thief). (p.127) | | 4. Suppose now that Irene, who is angry with her sister for disclosing her business improprieties, writes a letter to the editor falsely accusing Darla of

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