Lesson 2

Alex Tomsyck

2/23/15

2.1

* In the White v. Samsung Electronics case (page 139), does the court's ruling mean that an advertiser who copies any attributes or appearances of a celebrity risks tort liability?

I don’t think that an advertiser who copies “any” attributes or appearances of a celebrity risks tort liability, but rather when they specifically target their identity as a whole or their private facts.

* Assume under the facts of the Buck case (page 136) that the employees had not made their comments to the private investigator. Assume instead they made the comments to the Frank B. Hall Co. employment relations director. She had then told Mr. Buck the reasons directly. Would the statements to the director or her comments to Mr. Buck constitute defamation for which the company would be liable?

Since the statements are false, and injure the plaintiff’s reputation, I don’t think it matters who it is said to. Defamation is simply that no matter who it is said to.

* (3 points) Briefly, what factors must be present in a case before a court would permit the plaintiff to recover punitive damages?

Punitive damages are monetary damages in addition to compensatory damages awarded to a plaintiff in certain situations involving willful, wanton, or malicious conduct. They are awarded not only to punish the defendant, but also compensate the plaintiff for the loss sustained because of the defendant’s breach of contract. Punitive damages are not recoverable for a breach of contract unless the conduct constituting the breach is also a tort for which the plaintiff may recover punitive damages.