Discussion Questions:
1. Libel: this could happen if a worker or company makes a written statement that can be taken in a way that makes someone look bad
Slander: This can happen in the workplace in ways such as gossip that puts a negative light on an employee.
Negligence: This can happen if an employee or employer acts in an irresponsible way in which others may be harmed.
2. When a person has been judged to be responsible for a loss. When an employer does not do proper maintenance on equipment and someone gets injured or killed.
3. Contributory negligence is a legal defense that involves the failure of an injured party to be careful enough to ensure personal safety. Whereas comparative negligence is a form of negligence that requires the court to assign damages according to the degree of fault of each party.
4. Vicarious Liability is the concept of laying responsibility or blame upon one person for the actions of another. When an employee does something illegal on the job and the employer is held accountable.
5. Strict liability is where a person may be held liable for injuries to others whether or not they have been negligent or committed an intentional tort.
Thinking Critically:
1. I believe it would be difficult for a public figure to sue for defamation because their affairs are broadcasted to the public. It can be argued that the public figures took on this role knowing that the affairs of their lives are going to be made public, therefore anything that they do or say can be used against them. It is their responsibility to make sure they toe the line. Whereas a private person’s life is exactly that, private. So they would stand a better chance in court suing for defamation.
Public figures should not have to accept any sort of libelous accusations. Everyone should have the right to defend themselves and their actions.
2. There should be a different standard. If one company has any defamatory information (that is truthful) about a competitor, said company should be able to release that information. It helps with competition, which in turn provides a motivation for the employees to do better and produce better work.
3. A person’s constitutional right to free expression should end when it is causing a public or private nuisance. The court would rule that everyone has rights, and when someone’s ‘right’ is treading on another person’s right, such as the right to