Defamation, Inv of Privacy & Misc

Question 1

Defamation: Elements (4) (6 if public figure)

Answer 1

1. Defamatory language from Defendant
   
   • diminish respect or goodwill or deters 3rd parties from dealings
2. That is “of or concerning” the Plaintiff (ie, must ID P to ordinary listener)
3. Publication to third party
   
   • ​​May be intentional or negligent (is it reasonably foreseeable that someone else could hear?)
4. Damage to Plaintiff’s reputation

If public figure/public concern, must also show falsity and fault (knowledge of falsity OR reckless disregard of falsity)

Question 2

Defamation:

Damages in 1) libel and 2) slander cases

Answer 2

Libel (written defamation): general damages presumed by law, no particular proof of damages are required

Slander (spoken defamation): Is it slander per se?

• Slander per se: damages are presumed, no special pleadings showing damages required
• Not slander per se: No injury to reputation is presumed. Plaintiff must plead proof of special damages

Question 3

Defamation:

Categories of slander per se (4 traditional + 2 PA)

Answer 3

1. Statements adversely reflecting on business or profession
2. Plaintiff suffers from loathsome disease (VD or leprosy)
3. Guilty of crime of moral turpitude (PA: any indictable crime)
4. A woman is unchaste
5. PA: charges of communism
6. PA: stmts involving business failure, insolvency, bad credit

Question 4

Defamation

Defenses

Answer 4

1. Truth (absolute defense);
2. Consent; or
3. Privilege: absolute (complete defense) & qualified (can be revoked)
   
   • Absolute privileges: between spouses, legislators during floor debates, judicial proceedings, high-ranking government officials; compelled media statements (where broadcaster rqeuired to give airtime)
   • Qualified privileges: made to defend one’s reputation; made to promote truthfulness; where listener has interest in information and reasonable for D to make publication; statements in public interest

Qualified privileges are revoked by 1) exceeding scope of privilege or 2) acting with malice or reckless disregard for truth.

Question 5

Interference with Business Relations

Elements (4)

Answer 5

1. Existence of valid contractual relationship between plaintiff & third party OR valid business expectancy;
2. D’s knowledge of relationship or expectancy;
3. D’s intentional interference that induces a breach, or termination of expectancy
4. Damage to plaintiff

Question 6

Invasions of Privacy

4 Types

Answer 6

1. Intrusion upon seclusion;
   
   • intentionally intrudes into sphere of privacy in manner offensive to reasonable person
2. Disclosure of private facts;
   
   • D gave publicity to a matter concerning the private life of another;
   • On a matter that is highly offensive to a reasonable person; and
   • Not of legitimate concern to the public
3. False light; and
   
   • Publication of false information that is highly offensive to a reasonable person
4. Appropriation
   
   • Unauthorized use of identity or likeness for a commercial purpose that causes harm