defamation and invasion of right to privacy

Question 1

economic indignitary torts

Answer 1

defamation, invasion of right to privacy (appropriation, intrusion, false light, public disclosure of private facts), fraud, intentional interference w/business relations, wrongful institution of legal proceedings (malicious prosecution, abuse of process)

Question 2

defamation

Answer 2

1) A defamatory statement that turns out to be false 2) of and concerning the plaintiff 3) in a statement that must be published to a third person 4) with damages.

Question 3

defamation - defamatory statement

Answer 3

One that injures the plaintiff’s reputation

Question 4

defamation - of and concerning

Answer 4

D’s statement must reasonably be understood to refer to the plaintiff

Question 5

defamation - publication

Answer 5

The statement must be communicated to a third person.
The person must be someone other than the plaintiff and must be capable of understanding it.
Publication must be at least negligent if not intentional.

Question 6

defamation - damages

Answer 6

When defamation is slander (spoken), P must prove special damages (economic loss tied to defamatory statement).
When defamation is libel (written or broadcast), juries may presume damages.
P can recover presumed damages in cases of slander per se. 1) impunes P’s trade or profession, 2) accuses P of committing a serious crime, 3) implies P has a loathsome disease, 4) imputes un-chastity to a woman.

Question 7

defenses to defamation

Answer 7

1. Truth
2. Absolute privilege - judicial proceedings, legislative proceedings, communications between spouses
3. Qualified privilege - serves interest of person who receives the information

Question 8

defamation - DPDPD

Answer 8

defamatory statement
publication - to a 3rd party who reasonably understands
damages - general (injury to reputation) (PRESUMED), special (pecuniary) (not req for slander per se or libel)
plaintiff - Has to prove Fault and Falsity - pub fig/pub off (malice - knowing falsity or reckless disregard for truth), private/pub concern (negligence), private/priv concern (only publication)
defenses - truth, privilege (absolute or qualified)

Question 9

Constitutional limitations to defamation

Answer 9

1st AMD protects speech on matters of public concern which require 2 additional elements on P’s prima facie case
1. Falsity: P must prove that the statement was false
2. Fault:
2a. For public persons (candidates, elected officials, government officials), a public plaintiff must prove actual malice - knowledge of the falsity or reckless disregard of the truth
2b. For private persons, a private plaintiff must prove fault amounting to at least negligence.
All plaintiffs must prove actual malice to recover presumed or punitive damages.

Question 10

Invasion of right to privacy torts

Answer 10

appropriation, intrusion, false light, public disclosure of private facts

Question 11

Invasion of right to privacy torts - appropriation

Answer 11

Use of P’s name or picture for COMMERCIAL advantage without permission.
advertising, promotional, labeling purposes

Question 12

Invasion of right to privacy torts - intrusion

Answer 12

Interference w/a P’s seclusion in a way that would be highly offensive to a reasonable person. P MUST be in a place where she has a REOP.
telescope, eavesdropping device, doesn’t have to require trespass

Question 13

Invasion of right to privacy torts - false light

Answer 13

Widespread dissemination of information that is in some way inaccurate and that would be highly offensive to a reasonable person.
like defamation but falls short

Question 14

Invasion of right to privacy torts - public disclosure of private facts

Answer 14

Widespread dissemination of factually accurate information that would normally be confidential and the disclosure of which would be highly offensive to a reasonable person.
Newsworthy disclosures are not actionable (tabloids)

Question 15

defenses to Invasion of right to privacy torts

Answer 15

consent, absolute privilege, qualified privilege

Question 16

fraud - 5 elements of fraud

Answer 16

1) Affirmative misrepresentation 2) with intent 3) to induce reliance 4) that is actual and justifiable 5) with damages
Silence will not generally suffice for misrepresentation.
Scienter must be shown.
The statement must material.
It is normally justifiable to rely on the opinion of one who has SUPERIOR SKILL OR KNOWLEDGE in the subject matter of the transaction.
Must show loss for damages.

Question 17

negligent misrepresentation v fraud

Answer 17

Negligent misrepresentation is normally confined to commercial transactions and to a particular plaintiff whose reliance is contemplated.

Question 18

Intentional interference with business relations

Answer 18

1. Inducing breach of K - an intentional action that causes a third person to breach an existing K w/P
2. Interference w/business relations - Making performance more difficult even if the interference does not actually cause the breach
3. Interference w/prospective economic advantage - interferes w/ Ps expectation of economic benefit from 3rd persons, even in the absence of a K

Question 19

wrongful institution of legal proceedings

Answer 19

1. Malicious prosecution - criminal proceedings brought without probable cause
2. Abuse of process - wrongful use of any legal process for an ulterior motive or improper purpose