40 Questions
What are the three elements that a plaintiff must prove in an action for intentional interference with a contract?
Having a contract, inducing the third party to break it, being harmed by the defendant's actions
What did the trial judge conclude a plaintiff must prove beyond having a contract and being harmed by the defendant's actions?
Defendant's wrongful or improper conduct
In intentional interference with a contract, what is considered an affirmative defense to be proved by the defendant?
Justification for one's conduct
What role does Geltman play in the defendant corporation based on the provided text?
Educating customers about truck leasing business
What is one of the activities Geltman engages in to benefit his clients?
Critiquing bids from lessors
In the context of the text, if a person persuades another to break a contract solely for the purpose of injuring the plaintiff, this action is considered:
Malicious
What action must a defendant take if a prima facie case of intentional procurement of breach of contract is established by the plaintiff?
Justify their actions
What does the text imply about persuading someone to break a contract in general?
It may not be wrongful in law or fact
Based on the text, when does a malicious act of persuading someone to break a contract become actionable?
When injury results from it
What is required for a prima facie case of intentional procurement of breach of contract according to the text?
Proof of malicious intent
If a defendant causes injury to the plaintiff by their unlawful acts, can the defendant claim lack of liability based on the fact that they could have caused the same injury by a lawful act?
No, defendants cannot escape liability for injury caused by their unlawful acts.
In legal cases involving defamation, which of the following factors are relevant in decisions of liability?
The defendant's intent and motive.
In defamation cases, what impact does a defendant having no pre-existing contract have on the plaintiff's case?
It strengthens the plaintiff's case by establishing a clear motive for defamation.
If a defendant conditions a property purchase on being the broker for the sale, causing another broker to lose an expected commission, what legal issue does this scenario raise?
Tortious interference with contractual relations.
Can a lender face liability for actions that secure repayment but also interfere with existing contracts?
Yes, if the lender's actions result in financial harm to other parties.
Which of the following is required for liability in a case of inducement of breach of contract?
Active persuasion or inducement to breach the contract
Which of the following actions by the defendant could potentially lead to liability for inducement of breach of contract?
Both (a) and (b)
Which of the following statements is true regarding regular advertising and general solicitation of business?
It is not considered a basis for liability for inducement of breach of contract
According to the Restatement (Second) of Torts cited in the text, what is the position on regular advertising and general solicitation of business as a basis for liability?
It supports the view that it is not a basis for liability
In the case of Cumberland Glass Manufacturing Co. v. De Witt, what did the court hold regarding liability for inducement of breach of contract?
The defendant could be liable for offering better terms to induce breach
Which of the following is a key factor in determining whether words published about one person can be defamatory of another person?
Whether the words are capable of a defamatory meaning to those who know the relationship between the persons
In the context of defamation, what is the significance of the publisher not knowing the facts that caused the recipients to draw defamatory inferences about the plaintiff?
The publisher is not liable for the defamatory inferences drawn by the recipients
What is the significance of the fact that the alleged libel did not mention the plaintiff's name?
The lack of a direct reference to the plaintiff's name is irrelevant, as words about one person can still be defamatory of another
Which of the following is a key principle illustrated by the examples in the text regarding how words about one person can be defamatory of another?
The defamatory meaning may depend on the particular circumstances and relationships known to the recipients of the words
What factor was most significant in the court's decision to award the plaintiff £500 in damages for the alleged libel?
The plaintiff's presentation of considerable evidence of damage to social reputation
What is the key test for determining if a statement is defamatory?
Whether the statement is reasonably susceptible of any defamatory meaning
Which of the following is true regarding personal criticisms or embarrassments and defamation?
Not all personal criticisms or embarrassments are considered defamatory
In the Cowan v. Time Inc. case discussed in the text, what was the court's reasoning for finding that the statement was not defamatory?
The statement only charged the plaintiff with a single act of carelessness, and was not subject to any reasonable interpretation that would make it defamatory
What is the key factor that distinguishes between an imputation of a professional's ignorance or want of skill in a particular instance, versus an imputation of general unskillfulness or ignorance in their calling?
Whether the statement refers to a specific instance or the professional's entire career
In the context of the text, which of the following is true regarding defamation by implication?
Defamation can occur by implication as well as by direct statement
Which of the following statements about a person would most likely be considered defamatory?
They have been indicted for a criminal offense.
If a newspaper publishes a false report that someone has been arrested, what legal issue may arise?
Defamation
Which of the following elements is generally required for a successful defamation claim?
The statement was false and damaging to the plaintiff's reputation.
If a newspaper reports that a person is under investigation for fraud, but the person is later cleared of any wrongdoing, what legal action might the person have?
Defamation
Which of the following statements is generally considered to be an affirmative defense in a defamation case?
The statement was true.
What is the key issue regarding the plaintiff's consent to the use of the photographs for which he posed as an advertisement?
The plaintiff's consent did not extend to the distorted photograph that was published.
Which of the following is true regarding the court's ruling on the issue of ridicule in defamation cases, based on the text?
Ridicule is not considered a form of defamation unless it implies a defect in the plaintiff's conduct or character.
If a publication holds a person up to $\text{hatred, contempt, or ridicule}$, what is the traditional legal standard for determining if the publication is actionable as defamation?
The publication must state a fact or opinion, and the fact that it does not do so is irrelevant.
In the context of the text, what is the court's position on the relevance of the plaintiff's sensitivity to the potential controversy caused by the publication?
The plaintiff's sensitivity is a consideration for the jury, but only if the court finds the publication to be justifiably controversial.
Based on the text, which of the following is the most accurate statement about the legal standard for determining whether a publication is defamatory?
A publication is defamatory if it holds a person up to hatred, contempt, or ridicule, regardless of whether it states a fact or an opinion.
Learn about the requirement of active persuasion or inducement for liability in cases of breach of contract. Discover key legal cases such as Lamport v. 4175 Broadway, Inc. and Wolf v. Perry that illustrate this concept.
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