Sebastien Johan Is a Music Critic Known for His Ill-Tempered

question 27

Essay

Sebastien Johan is a music critic known for his ill-tempered manners.In a recent newspaper article, he harshly criticized a classical recording that was released shortly after the death of Glenn Klavier, its featured performer.Johan's review attacked Klavier's music, which was not unusual.However, the review also attacked Klavier personally.It unfairly and inaccurately suggested that Klavier had intentionally stolen all of his ideas from another pianist.Klavier's widow sued Johan under the tort of defamation on the basis that the review tended to make people think less of her late husband.She threatened to sue for $500 000 unless she immediately received payment of $100 000.Although Johan normally would have simply ignored the matter, he recently had experienced a number of financial setbacks.He therefore realized that while he would prefer to pay nothing, he could afford $100 000, but would be ruined if he was ever required to pay $500 000.He therefore promised to pay $100 000 within one year to Klavier's widow in exchange for her promise to drop the lawsuit.Six months later, however, Klavier's widow was reliably informed that her lawsuit certainly would have failed if it had been brought before a judge.The law of defamation states that a person cannot be held liable for making derogatory comments about a dead person.Johan therefore now refuses to fulfill his promise to pay $100 000.Is he entitled to do so? Explain your answer.

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Definitions:

Strike Replacements

Workers hired by an employer to perform the duties of striking employees during a labor dispute, often to maintain operations.

Secondary Boycott

A form of protest where individuals or entities refuse to do business with or purchase products from a company that does business with a targeted entity, usually to exert pressure.

Railway Labor Act

A US federal law passed in 1926 that governs labor relations in the rail and airline industries, aiming to prevent strikes and disruptions by facilitating bargaining and mediation.

Mediation

A form of dispute resolution where a neutral third party assists the conflicting parties to reach a mutually acceptable agreement.