Torts Law

Please answer all and to the best of your abilities, thank you!

(1) What are the key principals of a defamation lawsuit by a public figure and why it is more difficult to succeed?

(2) What are the key differences between trespass to chattel and conversion? Briefly explain.

(3) For each of the following examples please identify whether it is a trespass or conversion to chattel or not tort at all; and briefly explain why or why not:

(a) Helen borrowed her neighbor's lawnmower for the afternoon to cut the grass on her yard. Helen returned the lawnmower the next morning.

(b) Bob place a sprinkling system on the corner of his yard to water his grass. Due to the positioning of the sprinkling system some water falls on the neighbor's property.

(c) Nick borrowed his friend's vehicle to go shopping. While Nick was in the store shopping, another motorist accidentally scratched the Nick's parked vehicle. Nick returned his friend's vehicle as scheduled and told his friend that the vehicle was scratched while he was shopping.

(d) James left his dog, Sparty, with his neighbor for three days while on a business trip. The neighbor killed Sparty because the dog was barking too much and he could not take it any more.

REVIEW PROBLEMS

(1) Peter is driving his car 3 miles over the speed limit while he is approaching an intersection. Kelly, while she is riding her bicycle, tried to cross the road on the pedestrians' cross path without paying any attention on the coming vehicle. Peter was not able to stop the vehicle on time and hit Kelly's bicycle at the edge of her back wheel and knocked her to the ground and broke her ankle. Peter's car had minor damages in the front bumper. What claims can raise against each other and what are their defenses against those claims? What should be the outcome of this case? Does it make any deference in which state the case arose and why?

(2) A local attorney admires Tiger Woods and she believes Tiger is the greatest golfer of all times. Without Tiger's permission, the attorney displays Tiger's picture on her law firm's website. Recently, Tiger discovered, while he was searching for an attorney to help him with his "personal legal matters," his picture on the attorney's website and he got really upset. What claims, if any, Tiger can pursue against the attorney and what is the likelihood of success? Briefly explain.

(3) The local newspaper wanted to publish an article regarding the recent criminal charges against players from the MSU football team. The reporter did not have any recent photographs of the players involved and instead he used a full team photo to print along the side of his article story. One of the team's members, not involved in any of the criminal activities or charges, feels that the readers will read the article and changes their views about him so he likes to file a claim against the newspaper. What claims, if any, does he have against the newspaper? What would be the likelihood outcome of this case and why?

(4) Sam was diagnosed with HIV after having multiple affairs with local prostitutes. Sam keeps the news secret from his wife, Sophie, because he does not want to destroy his marriage. Six months later, Sophie discovers her husband in their bedroom with a prostitute and files for divorce. Before the divorce is finalized she got ill and was diagnosed with HIV. Since she was faithful to her husband, she believes that her husband was responsible for her illness and filed a separate lawsuit against her husband for negligence, battery, and intentional infliction of emotional distress claims. What elements of law Sophie must prove for each legal claim and what is the likelihood of success for each of her claim?