Fact Pattern 6-1 E-Z Rid Disposes of Toxic Wastes. Elmo Worked for E-Z

question 459

Multiple Choice

Fact Pattern 6-1
E-Z Rid disposes of toxic wastes. Elmo worked for E-Z. He contacted clients, negotiated contracts, and oversaw the daily operations at E-Z. The company is so busy its safety procedures are overlooked to get all the work done. Elmo knew safety lapses at E-Z (including improperly burying toxic waste) were common, but he overlooked this because he wanted the company to succeed.
Elmo happy until one day he and Jo Wong, president of the E-Z, had an argument. Elmo quit and began to look for another job. Extracto, a rival of E-Z, needed someone like Elmo. He interviewed and thought he would get the job. But when Extracto got a letter describing Elmo's work, they told him they could not hire him. Jo had written a negative and partly untrue account of his work record.
Elmo started his own business and contacted many of E-Z's clients. He told them that E-Z was having safety problems, that they could be financially liable for E-Z's negligence, and that Jo was unstable. Many of E-Z's customers switch to do business with Elmo.
When Jo discovered what Elmo had done she was furious. She bought a one-page ad in the local paper which stated that Elmo was a careless businessman whose business was bound to be awful, and who embezzled funds from clients in the past (not true) . Elmo then stormed onto E-Z's property and went into Jo's office. After calling her a no-good liar, Elmo slapped her.
-Refer to Fact Pattern 6-1. Jo's letter to Extracto concerning Elmo's work record was partly true and partly untrue. If Elmo sued Jo and E-Z based on the untruths, on what theory would he base his claim:

• A) appropriation of likeness
• B) disparagement
• C) defamation
• D) negligence
• E) invasion of privacy

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Definitions:

Transcutaneous Electrical Nerve Stimulation

A method of pain relief involving the use of a device that sends electrical impulses through the skin to nerves to modify pain perception.

Anesthesia Medication

Drugs used to induce anesthesia, causing either partial or total loss of sensation, used during surgical procedures to prevent pain.

Guided Imagery

A relaxation and mental visualization technique where individuals are guided by a therapist to imagine peaceful and calming images or scenarios.

Epidural Infusion

Type of nerve block anesthesia in which an anesthetic is intermittently or continuously injected into the lumbosacral region of the spinal cord.