Defamation & Privacy Torts

Question 1

Defamation

Answer 1

(1) defamatory language; (2) of or concerning P (must identify P); (3) publication; (4) damage to P’s reputation

Question 2

Primary v. Secondary Publishers

Answer 2

Primary publishers and republishers are people who take part in making the publication - always liable; secondary publishers (e.g., newspaper vendor) are only liable if they know or should know of the defamatory conduct

Question 3

Defamation: Public Figure

Answer 3

Actual malice required to recover (knowledge that statement was false or reckless disregard as to its truth or falsity–subjective)

Question 4

Defamation: Private Figure

Answer 4

Matter of PUBILC concern: At least negligence required as to the truth of the stmt; punitive damages require actual malice
Matter of PRIVATE concern: No constitutional limitations

Question 5

Appropriation

Answer 5

D unauthorizedly uses P’s picture or name for D’s commercial advantage

Question 6

Intrusion on P’s Affairs or Seclusion

Answer 6

Prying or intruding on the PRIVATE affairs or seclusion of P to a degree that would be highly offensive

Question 7

False Light

Answer 7

Publication of facts placing P in false light (things he doesnt believe / didnt do) in the public eye to a degree that would be highly offensive; actual malice required if it’s a MOPC

Question 8

Public Disclosure of Private Facts

Answer 8

publication or public disclosure of private information about P to a degree that would be highly offensive to a reasonable person

Question 9

Misrepresentation

Answer 9

Misrepresentaiton, scienter, intent to induce P’s reliance on misrepresentation, causation, justifiable reliance, and damages requried

Question 10

Interference w/Business Relations

Answer 10

(1) existence of a valid contractual relationship between P and a 3P or a valid business expectancy of P; (2) D’s knowledge of the relationship of expectancy; (3) intentional interference by D that induces a breach or termination fo the relationship or expectancy, and (4) damage

Question 11

Malicious Prosecution

Answer 11

(1) institution of criminal proceedigns against P; (2) termination favorable to P; (3) absence of probable cause for prosecution; (4) improper purpose of D, and (5) damages