Chapter 5 Assignment

Chapter 5 Assignment - Kathleen Basurto Business...

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Kathleen Basurto 4/19/2016 Business Law-2211-NET04 Instructor – Susan Horn Case 5.4 – Disparagement Question 1: Were the statements made in Zagat’s restaurant guide statements of fact or statements of opinion? It is clear that the statements made in Zagat’s restaurant guide were statements of opinion. Zagat’s collects consumer surveys for the purpose of providing a numeric rating and written statement to other consumers. They enclose the phrases in quotation marks to show they are cited phrases and not their own opinion. The surveys provide Zagat with consumer input into the various features, both positive and negative of publicly operated restaurants. That being said, the statements made were the opinions of previous patrons of Luck Cheng’s and protected by the first amendment right to free speech. Question 2: Is Zagat’s liable for disparagement? Zagat’s is not liable for disparagement because they did not publish untrue statements, only consumer opinions of the establishment. There is no way for Zagat’s to be able to deem that the
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