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?