Defamation

Question 1

defamation

Answer 1

(1) defamatory statement (2) of and concerning the P (3) Publication (4) Damage to P’s reputation (5) fault (6) falsity

Question 2

defenses to defamation

Answer 2

truth, consent, absolute privilege, qualified privilege

Question 3

libel

Answer 3

written, printed or otherwise recorded communications. General damages presumed

Question 4

slander

Answer 4

spoken words, gestures or other forms. Special damages unless slander per se

Question 5

slander per se

Answer 5

Special damages unless slander per se
Slander Per se – no special damages required if accused of committing crime, conduct reflects poorly on P’s fitness to conduct trade or profession, loathsome disease, or sexual misconduct

Question 6

Fault

Answer 6

P must prove D was at fault
Public official: Actual Malice standard (Knowledge of statements falsity of reckless disregard to whether its false)
Private figure: Negligence standard

Question 7

Falsity

Answer 7

Public figures must prove falsity. Private figures must prove falisty only if speech pertains to matters of public concern. If private figure or private speech, state may require D to prove truth

Question 8

Absolute Privilege

Answer 8

For remarks during (i) judicial/legislative proceedings (ii) by legislators or state officials in course of official duties (iii) between spouses or (iv) in required publications

Question 9

qualified privilege

Answer 9

affecting important public interest, in interest of 3P or D. Privilege lost if abused

Question 10

intrusion upon seclusion

Answer 10

intentional interference with P’s private affairs. P must have reasonable expectation of privacy + intrusion is highly offensive to reasonable person

Question 11

false light

Answer 11

publication of false info about P that would be highly offensive under circumstances to a reasonable person

Question 12

misappropriation

Answer 12

unauthorized use of the plaintiff’s name or image for d’s advantage

Question 13

public disclosure of private facts

Answer 13

disclosure of facts even if not true about the P that would be highly offensive to a reasonable person and is not newsworthy

Question 14

intentional misrepresentation

Answer 14

(1) False misrepresentation of material facts (2) scienter: knowledge/reckless disregard of truth (3) intent to induce P to act in reliance (4) actual reliance (5) justifiable reliance (6) actual economic loss or damages

Question 15

negligent misrepresentation

Answer 15

D provides false info to P as a result of D’s negligence and P justifiably relies on info and suffers pecuniary damages as a result

Question 16

tortious interference with a contract

Answer 16

Arises when 3P interferes with existing contract. (1) P has a valid K relationship (2) D knows of relationship (3) D intentionally interferes (4) D’s interferences causes a breach or termination of K (5) Damages result

Question 17

trade libel

Answer 17

malicious publication of derogatory statements relating to P’s title to business and interference or damages to business relationship

Question 18

slander of title

Answer 18

publication of false statement derogatory to Ps title to real property

Question 19

malicious prosecution

Answer 19

D initiates frivolous charges against P for improper purpose. (1) D commences proceedings against P (2) proceeding terminate in P’s favor (3) No probable cause for proceeding (4) D has improper purpose and (5) damages

Question 20

abuse of process

Answer 20

(1) wrongful use of legal process for ulterior purposes and (2) definite act or threat against the P to accomplish the ulterior purpose

Question 21

private nuisance

Answer 21

substantial and unreasonable interference with anothers use and enjoyment of property

Question 22

public nuisance

Answer 22

Unreasonable interference with the common rights of the general public