Defamation, Invasion of Privacy and Other harm to econ and dignitary interests

Question 1

defamation - colloquim

Answer 1

if the statemetn doesnt refer to p on its face, extrinsic evidence can be offered to establish taht the statemetn refers to p

Question 2

group defamation

Answer 2

if the defamatory statemetn refers to all members of a small class, each member may establish that the statement identifies them by alleging that they are a group member
-if the statemtn only refers to some members of a small gropu, the p can recover if a reasonable person would view statement as refering to plaintiff
-if statement is about a large group - no member can prove that the statement specificallly identifies them

Question 3

intentional misrepresentation and no general duty to disclose

Answer 3

no general duty to disclose a material fact unless the d 1) stands in a fiduciary relationship to the p 2) is selling real property and knows the p is unaware of and cannot discover material info about transaction or 3 has spoken and their utterance deceives the p
physical concealment of a material fact may also constitute a misrep

Question 4

intentional misrep and third party reliance

Answer 4

if a third party relies on the ds rep, the d will be liable if they could reasonably foresee that the 3P would so rely

Question 5

intentional misrep and reliance on opinion

Answer 5

reliance is generally justifialbe only on representations of fact; reliance on opinion is justifiable only if the d offering hte opinion has a superior knowledge of subject matter