Catch-All Torts Flashcards
Public Nuisance
Substantial and unreasonable interference with health, safety, and/or property rights of the community
Private Nuisance
Substantial and unreasonable interference with use and enjoyment of property
Defamation
Defamatory statement of or concerning the plaintiff, published to a third party, and damages the plaintiff’s reputation
Defamatory Statement
Facts, not opinion, that adversely reflect the reputation of the plaintiff in the community
Of or Concerning the Plaintiff
A reasonable person would understand that it refers to the plaintiff
Published to a Third Party
Communicated to one other person who understands
Libel
Defamation that is written, printed, or otherwise recorded in a permanent form
Slander
Defamation by spoken word or gesture or any form other than libel
Libel per quod
If the libel is not libel on its face and requires additional facts to show why it is defamatory the libel will be treated as slander
Slander per se
(1) committed a serious crime; (2) loathsome disease; (3) unchastity; and (4) business affairs
Public Official
Someone who has a substantial authority in government affairs
Public Figure
Someone who has achieved pervasive fame or notoriety or voluntarily assumes central role in public controversy
Public Concern
A matter with significant public interest
Fault Requirements for Public Officials/Public Figures
Requires actual malice, knowledge, or reckless disregard for the truth or falsity
Fault Requirements for Private Person/Public Concern
Requires at least negligence plus actual damages even if libel or slander per se
Falsity
Plaintiff must affirmatively establish statement is not true in a prima facie case (truth is a defense)
False Light
The attribution of views or actions plaintiff does not hold, must be highly offensive to a reasonable person
Public Disclosure of Private Facts
(1) public disclosure; (2) private facts; (3) highly offensive to a reasonable person; and (4) not of legitimate public concern
Appropriation
Unauthorized use of name or likeness for commercial advantage
Intrusion Upon Seclusion
Prying or intruding on a private matter, must be highly offensive to a reasonable person
Interference with Contractual Relations
(1) defendant knew of a contractual relationship; (2) defendant intentionally interfered with the contract resulting in a breach; and (3) the breach caused damages to the plaintiff
Interference with Prospective Business Relations
A defendant may be liable for interfering with a plaintiff’s expectation of economic benefit from third parties even in the absence of an existing contract, courts generally require very egregious conduct
Fraud/Intentional Misrepresentation
Requires: (1) a misrepresentation of a material fact; (2) the defendant must have knowledge that the fact was false; (3) defendant must have intended to produce reliance on behalf of the plaintiff; (4) the misrepresentation must have caused an injury; and (5) damages
Negligent Misrepresentation
A defendant who provides false information to a plaintiff as a result of negligence is liable to plaintiff for pecuniary damages if there was justifiable reliance
Malicious Prosecution
Institution of criminal proceedings, termination in plaintiff’s favor, lack of probable cause, improper purpose, and damages
Abuse of Court Process
Wrongful use of process for and ulterior purpose with some definite act or threat to accomplish a purpose
