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Torts > Defamation and Business Torts > Flashcards

Defamation and Business Torts Flashcards

1
Q

Defamation

A
  1. defamatory language (FALSE - public official or matter of public concern)
  2. of or concerning P
  3. published
  4. damages reputation
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2
Q

defamatory language

A

harms reputation by diminishing respect, deters others from associating IF D IMPLIES there is a factual basis

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3
Q

When must P prove a statement is false?

A
  1. statement relates to a matter of public concern
  2. Plaintiff is public official or public figure

(private person/not a matter of public concern does not need to prove falsity, but truthfulness is a defense)

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4
Q

What about opinions?

A

not actionable unless it implies a knowledge of facts

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5
Q

Fault - public official/public figure

A

Actual malice = knew statement was false or acted with reckless disregard as to whether it was true

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6
Q

Fault - private person + matter of public concern

A

must prove D acted with fault - either negligence or actual malice

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7
Q

Fault - private person + not a matter of public concern

A

at least negligence

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8
Q

libel

A

defamation by written, printed, or otherwise recorded in a permanent maner

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9
Q

slander

A

defamation by spoken word, gesture

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10
Q

slander per se

A

dont need to argue damages if the statement accuses P of:

  1. committing a crime
  2. conduct reflecting lack of fitness to conduct business
  3. loathsome disease
  4. sexual misconduct
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11
Q

WHAT IF THE STATEMENT IS TRUE?

A

absolute defense to a claim of defamation! A truthful statement is not defamatory!!!

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12
Q

Invasion of privacy torts

A
  1. Misappropriation of right to publicity
  2. intrusion upon seclusion
  3. placing P in false light
  4. public disclosure of private facts
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13
Q

Misappropriation of the Right of Publicity

A
  1. unauthorized appropriation of P’s name, likeness or identity
  2. for D’s advantage
  3. lack of consent
  4. resulting in injury
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14
Q

Intrusion upon seclusion

A
  1. intruding, physical or otherwise
  2. into P’s private affairs, solitude, or seclusion
  3. to a degree objectionable to a reasonable person

Eavesdropping - YES
photographing in public - NO unless it reveals private info

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15
Q

Placing P in a false light

A
  1. D made public facts about P
  2. that placed P in a false light
  3. that would be highly offensive to a reasonable person

must prove actual malice

Attributing views/actions that dont belong to P

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16
Q

Public disclosure of private facts

A
  1. D gave PUBLICITY to a matter concerning the private life
  2. matter is of a kind that would be highly offensive to a reasonable person
  3. and is not of legitimate concern to the public
17
Q

Do you need special damages for invasion of privacy torts?

A

NOPE - emotional distress and mental distress are enough

18
Q

defenses to privacy actions

A

absolute and qualified privilege
consent

TRUTH Is not a defense…

19
Q

Intentional misrepresentation

A

fraud/deceit

  1. misrepresentation of a material fact
  2. D knew representaiton was false or reckless disgregard
  3. intended to induce reliance
  4. caused P to act/refrain - relied
  5. justifiably relied
    6 damages
20
Q

Negligent misrepresentation

A
  1. d provides false information
  2. as a result of D’s negligence
  3. during course of business
  4. causing P to justifiably rely on the info
  5. P is in contractual relationship with D or …
21
Q

Intentional interference with a contract

A
  1. valid contract
  2. D knew of the contract
  3. D intentionally interfered
  4. caused damage

PA RECOGNIZES interference with a prospective contract

22
Q

interference with a prospective economic advantage

A

same as with a contract, just doesnt exist yet

23
Q

theft of trade secrets

A
  1. P owns valid trade secrets
  2. that arent generally known
  3. must have taken reasonable precautions to protect the secret
  4. d took by improper means
24
Q

trade libel

A

statements injurious to a Plaintiff’s business or product

  1. publication
  2. of false AND derogatory statement
  3. with malice
  4. relating to P’s business
  5. causing special damages as a result of interference or damage to business relationships
25
Q

malicious prosecution

A
  1. intentionally and maliciously institutes or causes
  2. for an improper purpose
  3. legal action that is without probable cause
  4. action is dismissed in favor of that D
26
Q

abuse of process

A
  1. proper legal procedure
  2. that is perverted to accomplish an ulterior motive
  3. willful act perpetrated in the use of process that is not proper int eh regular course of the proceeding
  4. causing P damages

Torts (6 decks)

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