Defamation

Question 1

Defamation - Elements

Answer 1

1. Def. Statement
2. Of and concerning π
3. Published to 3rd person
4. Causes damages to π’s reputation

If public concern: 5. Falsity + Fault.

• -Public π: malice (know/reckless)
• -Private π: neg. (but malice = damages presumed)

Question 2

Defamation - Def. Statement

Answer 2

Fact or opinion if appears based on facts

Can plead additional facts to establish def. meaning if not def. on face

Question 3

Defamation - Of and Concerning π

Answer 3

Living person; small - but not large - group

Can plead additional facts to est. reference to π if not clear on face

Question 4

Defamation - Publication

Answer 4

secondary publisher (sells materials) only liable if should’ve known

Question 5

Defamation - Damages

Answer 5

Libel + Slander Per Se = general damages presumed

Slander = π must allege special damages

Question 6

Libel / Slander / Slander Per Se

Answer 6

Libel: slander in permanent form
Slander Per Se: profession, crime, unchaste, disease
Slander: other

Question 7

Defamation - Defenses

Answer 7

Consent, Truth

Abs. Priv. = spouses, gov’t proceedings, compelled broadcasts

Qual. Priv. = (1) report of official proceeding, (2) letters of recommendation, (3) recipient has legit interest in the information and reasonable for D to make it (abuse if malice or not within scope) (D burden priv exists –> P burden lost through abuse)