Defamation and Business Torts Flashcards
Defamation
- defamatory language (FALSE - public official or matter of public concern)
- of or concerning P
- published
- damages reputation
defamatory language
harms reputation by diminishing respect, deters others from associating IF D IMPLIES there is a factual basis
When must P prove a statement is false?
- statement relates to a matter of public concern
- 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)
What about opinions?
not actionable unless it implies a knowledge of facts
Fault - public official/public figure
Actual malice = knew statement was false or acted with reckless disregard as to whether it was true
Fault - private person + matter of public concern
must prove D acted with fault - either negligence or actual malice
Fault - private person + not a matter of public concern
at least negligence
libel
defamation by written, printed, or otherwise recorded in a permanent maner
slander
defamation by spoken word, gesture
slander per se
dont need to argue damages if the statement accuses P of:
- committing a crime
- conduct reflecting lack of fitness to conduct business
- loathsome disease
- sexual misconduct
WHAT IF THE STATEMENT IS TRUE?
absolute defense to a claim of defamation! A truthful statement is not defamatory!!!
Invasion of privacy torts
- Misappropriation of right to publicity
- intrusion upon seclusion
- placing P in false light
- public disclosure of private facts
Misappropriation of the Right of Publicity
- unauthorized appropriation of P’s name, likeness or identity
- for D’s advantage
- lack of consent
- resulting in injury
Intrusion upon seclusion
- intruding, physical or otherwise
- into P’s private affairs, solitude, or seclusion
- to a degree objectionable to a reasonable person
Eavesdropping - YES
photographing in public - NO unless it reveals private info
Placing P in a false light
- D made public facts about P
- that placed P in a false light
- that would be highly offensive to a reasonable person
must prove actual malice
Attributing views/actions that dont belong to P
Public disclosure of private facts
- D gave PUBLICITY to a matter concerning the private life
- matter is of a kind that would be highly offensive to a reasonable person
- and is not of legitimate concern to the public
Do you need special damages for invasion of privacy torts?
NOPE - emotional distress and mental distress are enough
defenses to privacy actions
absolute and qualified privilege
consent
TRUTH Is not a defense…
Intentional misrepresentation
fraud/deceit
- misrepresentation of a material fact
- D knew representaiton was false or reckless disgregard
- intended to induce reliance
- caused P to act/refrain - relied
- justifiably relied
6 damages
Negligent misrepresentation
- d provides false information
- as a result of D’s negligence
- during course of business
- causing P to justifiably rely on the info
- P is in contractual relationship with D or …
Intentional interference with a contract
- valid contract
- D knew of the contract
- D intentionally interfered
- caused damage
PA RECOGNIZES interference with a prospective contract
interference with a prospective economic advantage
same as with a contract, just doesnt exist yet
theft of trade secrets
- P owns valid trade secrets
- that arent generally known
- must have taken reasonable precautions to protect the secret
- d took by improper means
trade libel
statements injurious to a Plaintiff’s business or product
- publication
- of false AND derogatory statement
- with malice
- relating to P’s business
- causing special damages as a result of interference or damage to business relationships
