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Legal Environment of Business – Critical Thinking – Torts (Defamation & Privacy)
Critical Thinking Assignment Case Problem–Torts (Defamation and Invasion of Privacy): “Inquiring Minds Want to Know”
Respond to questions accompanying the “Inquiring Minds Want to Know” case problem.
1. Beauty Queen and Howard Huge want to sue both the interviewer Baba Wawa and the magazine that published the story Star News. You should explain the issue(s), the law, how the law might be applied to this story, and your conclusion in regards to suing the defendants. Write your essay in IRAC format (Issue, Rule, Application, Conclusion). Warning: Often there is so much law (Rule) to explain and apply that the information is clearer when you break it into a series of short law and application summaries.
2. What is the issue or what are the issues? It might help to start by writing, “The issue is whether or not….” State it as specifically as you can, identifying the causes of action and referring to the story.
3. Explain the elements of each claim and which elements might not be shown by the evidence. As you explain the elements of each tort, identify how the facts satisfy or do not satisfy each of the elements. A plaintiff can sue more than one defendant and can make more than one claim. The following sources may be useful to supplement your text’s law summaries.
Definition of defamation can be found at the following website. http://www.chillingeffects.org/protest/question.cg… Warning: When explaining the tort of defamation, ignore distinctions between slander and libel, and concentrate on the elements of defamation alone. Invasion of privacy as described in the Restatement of Torts is at the following website. http://www.lexisnexis.com/lawschool/study/outlines…
4. Explain the defense(s) that Baba Wawa and Star News will use and which elements might not be shown for the defense.
5. The case of New York Times v. Sullivan is a famous case you should use for comparison. Summarize it and tell how it is similar and how it is different. If you do not find the case in the text, you may access a summary of the case it at the following website. http://www.casebriefs.com/blog/law/torts/torts-keyed-to-epstein/defamation/new-york-timesco-
6. Based on your analysis, provide your conclusion to the problem.
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