Catch-All Torts

Question 1

Public Nuisance

Answer 1

Substantial and unreasonable interference with health, safety, and/or property rights of the community

Question 2

Private Nuisance

Answer 2

Substantial and unreasonable interference with use and enjoyment of property

Question 3

Defamation

Answer 3

Defamatory statement of or concerning the plaintiff, published to a third party, and damages the plaintiff’s reputation

Question 4

Defamatory Statement

Answer 4

Facts, not opinion, that adversely reflect the reputation of the plaintiff in the community

Question 5

Of or Concerning the Plaintiff

Answer 5

A reasonable person would understand that it refers to the plaintiff

Question 6

Published to a Third Party

Answer 6

Communicated to one other person who understands

Question 7

Libel

Answer 7

Defamation that is written, printed, or otherwise recorded in a permanent form

Question 8

Slander

Answer 8

Defamation by spoken word or gesture or any form other than libel

Question 9

Libel per quod

Answer 9

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

Question 10

Slander per se

Answer 10

(1) committed a serious crime; (2) loathsome disease; (3) unchastity; and (4) business affairs

Question 11

Public Official

Answer 11

Someone who has a substantial authority in government affairs

Question 12

Public Figure

Answer 12

Someone who has achieved pervasive fame or notoriety or voluntarily assumes central role in public controversy

Question 13

Public Concern

Answer 13

A matter with significant public interest

Question 14

Fault Requirements for Public Officials/Public Figures

Answer 14

Requires actual malice, knowledge, or reckless disregard for the truth or falsity

Question 15

Fault Requirements for Private Person/Public Concern

Answer 15

Requires at least negligence plus actual damages even if libel or slander per se

Question 16

Falsity

Answer 16

Plaintiff must affirmatively establish statement is not true in a prima facie case (truth is a defense)

Question 17

False Light

Answer 17

The attribution of views or actions plaintiff does not hold, must be highly offensive to a reasonable person

Question 18

Public Disclosure of Private Facts

Answer 18

(1) public disclosure; (2) private facts; (3) highly offensive to a reasonable person; and (4) not of legitimate public concern

Question 19

Appropriation

Answer 19

Unauthorized use of name or likeness for commercial advantage

Question 20

Intrusion Upon Seclusion

Answer 20

Prying or intruding on a private matter, must be highly offensive to a reasonable person

Question 21

Interference with Contractual Relations

Answer 21

(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

Question 22

Interference with Prospective Business Relations

Answer 22

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

Question 23

Fraud/Intentional Misrepresentation

Answer 23

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

Question 24

Negligent Misrepresentation

Answer 24

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

Question 25

Malicious Prosecution

Answer 25

Institution of criminal proceedings, termination in plaintiff’s favor, lack of probable cause, improper purpose, and damages

Question 26

Abuse of Court Process

Answer 26

Wrongful use of process for and ulterior purpose with some definite act or threat to accomplish a purpose