The case referred to in the hypothetical is Goodman v. White. The question is whether the client has committed defamation. Libel is written defamation; slander is oral defamation. For each fact situation, determine if Goodman v. White is on point. Provide a brief explanation of your answer.For example, if the key facts are not sufficiently similar, explain why they are not.

Question 1

The client is at a party when he sees a person whom he falsely believes has cheated him in a business deal. He approaches the person, pulls him off to the side and says, "You are a liar and cheat. You cheated me out of that contract." People standing nearby heard the comments. The client didn't intend for others to hear, but he wasn't careful to keep his voice down.

a. Are the key facts sufficiently similar for the court opinion to apply as precedent?b. Are the rules of law sufficiently similar for the court opinion to apply as precedent?c. Is the case on point? Provide brief explanation.Question 2

The client writes a letter to the local newspaper claiming that a local store intentionally sold her defective merchandise. On the way to the post office to mail the letter, she runs into a friend, Jim. After she tells Jim the story, he informs her that the merchandise is not defective, but rather that she has simply misread the directions. The client does not mail the letter, but on the way home, the letter falls out of the client's pocket. A passerby finds the letter and puts it in the mail. The local newspaper subsequently publishes the letter.

a. Are the key facts sufficiently similar for the court opinion to apply as precedent?b. Are the rules of law sufficiently similar for the court opinion to apply as precedent?c. Is the case on point? Provide brief explanation.Question 3

The client falsely believes that Alice, a college student, is a drug dealer. He mails her a letter, addressed to "Alice," claiming that she sells drugs to schoolchildren and should go to jail. Alice shares an apartment with her boyfriend, a medical student. The client is aware of the fact that Alice and her boyfriend occasionally open each other's mail. When the letter arrives Alice's boyfriend opens and reads it.

a. Are the key facts sufficiently similar for the court opinion to apply as precedent?b. Are the rules of law sufficiently similar for the court opinion to apply as precedent?c. Is the case on point? Provide brief explanation.Part II

Mr. Smart is the owner of a home in the River View Subdivision. Mr. Smart is the president of the River View Home Owners Association. The subdivision is a private residential community consisting of approximately 200 homes. Each home is located on a one-acre lot. The subdivision is subject to the covenants and restrictions contained in the Declaration of Covenants, Conditions, and Restrictions of River View Subdivision, recorded on June 1, 2001. The relevant portions of the covenants and restrictions provide as follows:

The following covenants and restrictions shall run with the land and shall bind the purchasers, their heirs, successors and assigns, until abrogated by a duly recorded agreement executed by the owners of a majority of the residential lots affected by the restrictions.

1. USE. No lot shall be used except for residential purposes. No commercial or business activity shall be conducted within the Subdivision with the exception of a personal home office.

Last year, Mr. Gordon Carpenter purchased a home in the subdivision. The deed to the property includes a notation that the property is subject to the Conditions and Restrictions of River View Subdivision. Mr. Carpenter operates a welding business. When they are not in use, he parks two of his one-and-one-half-ton welding trucks on a large parking area that he has cleared next to his residence. He uses the trucks solely in conjunction with his business. At the residence, Mr. Carpenter performs routine maintenance and minor repairs on the trucks.

Mr. Smart, acting as president of the home owners' association, advised Mr. Carpenter that parking the trucks on the property violates the restrictive covenant limiting the use of the property to residential use. Mr. Carpenter refuses to stop parking the trucks at his property. The property is located in the state of Pennsylvania.

Read Baumgardner v. Stuckey (attached) and answer the following questions.(Note: This is the same case you read for a question in the Issue Spotting assignment. We will be using this fact pattern and case for your final memo as well.)

a. Are the key facts sufficiently similar for the court opinion to apply as precedent?b. Are the rules of law sufficiently similar for the court opinion to apply as precedent?c. Is the case on point? Provide brief explanation.