Question

1. • Penny is seen organizing racks at a local clothing store one day while she shops, and the manager offers her a job. The next day, Penny’s boss from the clothing store across the street comes in and accuses the manager of trying to interfere with Penny’s non-competition agreement. Which of the following is true?

     The manager has done nothing wrong because non-competition agreements are never used in clothing retail. The manager has committed legitimate interference with a contractual relationship The manager is interfering with Penny’s business relationship with her boss. The manager has done nothing wrong.

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     Jesse’s mother dies. Due to the trauma, Jesse breaks into an ice cream shop, steals all the ice cream, and is later caught. Which defense most likely applies to this situation? (Whether or not the defense will work is not relevant.)

     Mistake of Law Diminished Capacity Entrapment

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     Eduardo is working his way up the ladder in the world of amateur boxing. He makes a stinging remark about his next opponent on TV by saying that his opponent is a coward who probably practices boxing by beating up his wife. Which of the following is true?

     Eduardo is not being defamatory because his remarks are statements of opinion only. Eduardo is not being defamatory because it is obvious that the statement must be false. Eduardo is being defamatory because the information he published is true. Eduardo is being defamatory because his remarks may harm his opponent’s reputation.

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     Which of the following situations would not substantiate a tort claim of infliction of emotional distress?

     Repetitive offensive behavior Offensive behavior when a duty of care is owed Behavior that a reasonable person would find distasteful Offensive behavior when a person is feeling especially vulnerable

Answer 1

1 b) The manager has committed legitimate interference with a contractual relationship

2 b)Diminished Capacity

3 d) Eduardo is being defamatory because his remarks may harm his opponent’s reputation.The statement meets the basic definition for defamation – false information was spread which can harm the victim’s reputation

4 c) Behavior that a reasonable person would find distasteful

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