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Absolute Defense Case Study

1. Monica owed Bob $500, which was more than a year overdue. Bob got drunk at a party and told everyone there that Monica had owed him $500 for over a year. Can Monica recover from Bob for defamation?

A) Yes, because Bob abused his conditional privilege.

B) No, because Bob has the defense of truth.

C) Yes, because Bob communicated the statement to third persons.

D) Yes, because a statement that a person does not pay her or his debts on time is slander per se.

2. Wotan puts an ad in the paper as follows: "$500 reward for the return of my golden ring." Alberich finds the ring and returns it to Wotan, but he refuses to pay Alberich the $500. What would result if Alberich sues Wotan for the money?

A) Because the ad was merely a solicitation of offers, there was no contract until Wotan accepted Alberich's offer to find the ring, which he (Wotan) never did.

B) Alberich may not recover the money because he did not contact Wotan before he began his search.

C) Because Alberich did not pay Wotan to keep the offer open, Wotan is free to revoke and need not pay Alberich anything.

D) The ad was an offer for a unilateral contract, which Alberich accepted by returning the ring. Wotan is therefore bound to pay Alberich the $500.

Solution Preview

For your first question, the best answer is B. The most important defense to an action for defamation is "truth", which serves as an ...

Solution Summary

Truth in the realm of absolute defense is discussed.