Section I – Michael and Lucia

Section I – Michael and Lucia

Michael and his sister Lucia, are partners in an important business located in a small town in New Jersey.  Lucia is married to a well-known automotive dealer and is campaigning to be on the City Council. Michael is in his mid-thirties and has never been married but is in a serious relationship. Both Michael and Lucia travel to other countries to purchase the goods they sell at their retail store.  Lucia buys Mexican goods, and Michael buys goods from South American.  After a massive earthquake destroys many of the cities in Mexico to which Lucia usually travels, she telephones one of her contacts there and asks him to procure some items and ship them to her.  He tells her that it will be impossible to buy these items now because everyone in the town is being evacuated due to a water shortage.  Lucia is angry and tells the man that if he cannot purchase the items, he should just take them without paying for them after the town has been evacuated.  Michael overhears his sister’s instructions and is outraged.

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They have a falling-out, and Michael decides that he no longer wishes to be in business with his sister.

• Suppose that Michael tells several of his friends about Lucia instructing the man to take goods without paying for them after the earthquake. If Lucia files a tort action against Michael alleging slander, will her suit be successful?  Why or why not?

• Now suppose that Lucia wins the election and becomes a member of the city council. Several months later Lucia receives a shipment of goods from the man to whom she spoke in Mexico. Michael asks his sister how she was able to get the goods and she replied, “I’ve got my ways.” Both Michael and his sister believe the goods were obtained fraudulently.

Michael then writes a letter to the editor of the local newspaper disclosing Lucia’s misconduct. If Lucia accuses Michael of committing libel, what defenses could Michael assert? Discuss fully.

• Suppose now that Lucia, who is angry with her brother for disclosing her business improprieties, writes a letter to the editor falsely accusing Michael of having sexual relations with her neighbor’s thirteen-year-old daughter. For what intentional tort or torts could Michael sue Lucia in this situation? Discuss fully.