Torts

Question 1 is based on the following fact pattern.

For the purposes of this question only, assume that 3500 calories = one pound lost in this jurisdiction.

1. Flannery says to Dortmunder, "I lost two pounds last week!" . To which, Dortmunder replies "That's ridiculous. That would require you to create a 7000 calorie deficit in only seven days. Boulderdash." Both Able and Baker were listening and understood Dortmunder's words.
When Flannery brings an action against Dortmunder for slander, what result?

A. Dortmunder wins, if he can raise the defense of truth.

B. Dortmunder wins, because it is public knowledge that Flannery has a propensity towards the mass consumption of donuts and pizza, making his assertions impossible (though Flannery may have an "attractive nuisance" claim against Krispy Kreme, retroactive to childhood).

C. Flannery wins, if he can prove that obesity is a "loathsome disease".

D. Flannery wins,once he offers proof that he 1) knows that his RMR is roughly 2000 calories a day, 2) that he then took steps to ensure that he did not consume more than 1700 calories per day for seven days (creating a natural 2100 calorie deficit for the week) and he then 3) ran, walked, jumped rope, boxed and karated his way to 600 to 700 calories per day burned (that's 4200 to 4900 calories per week), totaling approximately 6300 to 7000 calories per week.

The best answer is D.

C is not the best answer
Most jurisdictions only recognize this assertion for women accused of carrying some form of sexually transmitted disease.

A and B are just plain stupid.