Defamation, Privacy, Misrepresentation and Business Torts

Question 1

What are the elements to a defamation action?

Answer 1

P must prove:

1. D made a defamatory statement
2. Of or concerning P
3. Publication to a third party who understood nature
4. Damages to P’s reputation

Question 2

True or false: a statement must be false to be deemed defamatory language

Answer 2

True. Defamatory statements must be false to be actionable.

Question 3

True or false: Opinions are actionable as defamation.

Answer 3

False. But an opinion that implies a basis in fact is actionable for defamation.

Question 4

When can a member of a group bring a defamation action

Answer 4

Only if the group is so small or context is so clear the matter can reasonably be understood to refer to that member

Question 5

How is publication defined?

Answer 5

Conveyed to a third party

+ newspapers
+ social media
+ conversations

Question 6

True or false: a person who repeats a defamatory statement may be liable

Answer 6

True

Question 7

What does a public figure have to prove for defamation?

Answer 7

Person who made the statement knew it was false or acted with reckless disregard (subjective) for the truth

Question 8

What does a private individual have to prove for defamation?

Answer 8

Statement of public concern
Person who made the statement was negligent with respect to falsehood

Question 9

True or false: Libel consists of written statements only

Answer 9

False. Written, printed, or recorded statement
Includes TV/radio broadcasts, email

Question 10

Slander is a statement that is…?

Answer 10

Verbal

Question 11

True or false: The truth is an absolute defense to defamation

Answer 11

True. Truthful statement cannot be actionable as defamation.

Note that the plaintiff must establish falsity (vs. D showing truthfulness)

Question 12

Name the situations that lend themselves to absolute privileges

Answer 12

Completely immune from liability includes:

+ Judicial proceedings
+ legislative proceedings
+ Between spouses
+ required publications by radio/tv

Question 13

A conditional statement is made in ______ pursuant to some duty or responsibility

Answer 13

Good faith

Includes statements made in the interest of D (defending reputation)
Interest of recipient of statement
Affecting some other public interest

Question 14

True or false: Right of privacy applies to individuals but not corporations

Answer 14

True

Question 15

The four separate causes of privacy actions are:

Answer 15

1. Intrusion
2. False Light
3. Appropriation
4. Private facts

Question 16

The six elements of fraud are…?

Answer 16

1. False representation
2. Knowledge (Scienter)
3. Intent
4. Causation
5. Justifiable Reliance
6. Damages

Question 17

True or false: there is no duty to disclose a material fact to other parties

Answer 17

True. UNLESS
+ fiduciary relationship
+ D is aware that the other party is mistaken about basic facts of transaction
+ Custom suggests disclosure should be made
+ Other party likely be misled by statements D made earlier

Question 18

True or false: Reliance is justifiable if the facts are obviously false or it is clear that D was stating an opinion

Answer 18

False. Not justifiable.

Question 19

What are the typical damages for fraud?

Answer 19

Most jurisdictions: benefit of the bargain if P proves actual, economic, or pecuniary loss

Some jurisdictions: out of pocked losses/cost of conforming

Question 20

What are the elements to negligent misrepresentation?

Answer 20

1. D provided false information to P
2. During the course of a business or profession
3. Causing justifiable reliance
4. P is either in a contractual relationship with D or P is a third party known by D to be a member of a limited group for whose benefit the information is provided

Question 21

True or false: Negligence defenses cannot be raised

Answer 21

False. They CAN be raised (i.e., contributory negligence, assumption of the risk)

Question 22

What damages can a plaintiff recover for negligent misrepresentation?

Answer 22

Out of pocket and consequential damages IF the negligent representation is proven with sufficient certainty (elements evidenced)

Question 23

Can terminable at will contracts count as a tort?

Answer 23

No. for intentional interference, the D must intentionally interfere and cause a breach

Question 24

To rise to interference of contract, D’s conduct must be…?

Answer 24

Exceeding bounds of fair competition and free expression

Question 25

Interference with a prospective economic advantage has all the same elements for interference with a contract except…?

Answer 25

a contract

Question 26

What are the elements for misappropriate of trade secrets?

Answer 26

P owns info not publicly known
P has taken reasonable precautions to protect the info
D acquires the information by improper means