Discussion question help

Apr 30th, 2015
Price: $15 USD

Question description

Please no plagiarism! 75-100 words for each answer

1. What are the elements of negligence? How does an intentional tort differ from negligence? Provide examples. How does the strict liability doctrine apply to the practice of accounting? Provide examples.

2. Does the First Amendment to the U.S. Constitution protect defamation? Explain why or why not. What is the relationship between the First Amendment of the U.S. Constitution and censorship when doing business? Explain.

3. Two disc jockeys at WPYX-FM radio in Albany, New York, have been sued for intentional infliction of emotional distress by Annette Esposito-Hilder, who was identified on the air by the two disc jockeys as the "winner" of the "ugliest bride" contest. The two disc jockeys sponsor an ugliest bride contest based on the wedding pictures in the daily newspaper. Viewers are invited to call in with their guesses as to which bride has been chosen. Generally, the disc jockeys did not reveal last names of the brides. However, in Ms. Esposito-Hilder's case, they broke with past practice and revealed her name. On appeal of the case from an earlier dismissal, the court held that there was no defamation involved in their statements because they were "pure, subjective opinion." The court did hold, however, that a suit for intentional infliction of emotional distress could go forward. The court held, "Comedic expression does not receive absolute First Amendment protection."

Is opinion protected by the First Amendment?  Why or why not?

4. Swift operates a trucking company and hired Belanger as a driver. One of Swift's safety policies involves five infractions that can lead to immediate termination of its drivers, including rear-ending another vehicle. In his third year of employment, Belanger rear-ended another vehicle and was terminated when Swift's claims department concluded the accident was preventable. Swift recorded the incident on a clearinghouse data Web site that other companies used to check on commercial driving records, and as a result, Belanger was unable to find work and thus sued Swift for defamation.

Is Swift's report that Belanger did not meet Swift's safety standards in the clearinghouse data Web site covered by the employer's reference privilege defense?  What is the public policy behind giving privilege to employer references?

Tutor Answer

(Top Tutor) Daniel C.
School: UC Berkeley

Studypool has helped 1,244,100 students

Review from our student for this Answer

May 7th, 2015
"<3 it, thanks for saving me time. "
Ask your homework questions. Receive quality answers!

Type your question here (or upload an image)

1826 tutors are online

Brown University

1271 Tutors

California Institute of Technology

2131 Tutors

Carnegie Mellon University

982 Tutors

Columbia University

1256 Tutors

Dartmouth University

2113 Tutors

Emory University

2279 Tutors

Harvard University

599 Tutors

Massachusetts Institute of Technology

2319 Tutors

New York University

1645 Tutors

Notre Dam University

1911 Tutors

Oklahoma University

2122 Tutors

Pennsylvania State University

932 Tutors

Princeton University

1211 Tutors

Stanford University

983 Tutors

University of California

1282 Tutors

Oxford University

123 Tutors

Yale University

2325 Tutors