Dignitory Torts

Question 1

Appropiation

Answer 1

appropiation is an invasion of privacy tort. it is the use of a person’s name or likeness for commercial gain without the person’s consent.

there is a newsworthiness exception. no liability for use of name or likeness for the purpose of reporting news

Question 2

false light

Answer 2

false light is an invasion of privacy tort.

it is the widespread publication of a falsehood or material representation about person that would be highly offensive to a reasonable person

this includes the mischaracterization of a persons views or conduct.

this does not pertain to matters of public concern the defendant commiting the tort must have actual malice or reckless disregard for the truth

there is no newsworthiness acception

Question 3

intrusion upon seclusion

Answer 3

intrusion upon seclusion is an invasion of privacy torts along with appropiation and false light

there are 2 requirements

1. the person sueing must have a reasonable expectation of privacy
   - there is no reasonable expectation of privacy in public
2. intrusion must be highly offensive like peeping, eaves-dropping or using hidden cameras

there is no news worthy exception

Question 4

disclosure

Answer 4

disclosure is an invasion of privacy torts like intrusion upon seclusion, false light and appropiation.

this tort is the public disclosure of a persons private information

the disclosure must be 2 things

1. highly offensive to a reasonable person.
2. publicized

there is no liability if public facts have newsworthiness

Question 5

defamation

Answer 5

a statement concerning a person made by another person to a third party that is harmful to the persons reputation

you need 4/5 things to have a defamation depending on who the defamatory statement is about

1. defamatory statement
2. statement concerning the person suing
3. publication of the statement
4. harmful to p’s reputation
5. falsity and fault required for famous people and public figures and matters of public concern

the republisher of the defamatory statement is liable to the same extent as the original publisher

the person suing’s burden to prove damages depends on whether the defamatory statement was libel or slander. libel is written. slander is verbal

Question 6

defamation constitutional considerations

Answer 6

1st amendment constitutional concerns arise when the defandanf involves a public figure, public official, and or a matter of concern

Question 7

Defamation:Damages Considerations

Answer 7

Damages Depend on whether arhe defamatory statement constitutes libel slander or slander per se

libel- the person suing doesnt have to prove special damages
libel =a written defamatory statement
note-weirdly enough TV and radio broadcast are considered libel written defamatory statements

slander-the person suing must prove special damages unless the statement constitues slander per se
slander-a spoken defamatory statement
special damages- a specific economic loss.

Slander per se- a defamatory statement that either

1. concerns and adversely reflects on P’s business or professional reputation
2. claims that p has a loathsome disease
3. claims that p committed a crime of moral turpitude or
4. imputes a womans chastisty

Question 8

Defenses to Defamation

Answer 8

Consent, truth, and privilege may be valid defenses fo defamation

Consent-the person suing may consent to an organization investigating her and sharing its findings with potential employers

Truth-Truth is a complete defense to a defamation claim

Privilege-
absolute privilege-protect statements by govt officials in their official capacity
qualified privilege-D’s liability for defamatory statements is limited if he purpose of the speech is fo promote truthfulness and or related to fair comment and criticism
ie letter of recommendation, employment reference, book review, accurate reports of public proceedings.

Question 9

wrongful legal proceedings:malicious proseution

Answer 9

malicious prosecution

arises when the person being sued initiates a frivolous charge or claim against the person suing with an improper purpose ie filing a false police report

elements
1. the person being sued commenced a prior criminal or civil legal proceeding against the person suing
note prosecutors are immune
2. proceeding terminated in the person suings favor
3. no probable cause for the original proceeding
4. the person being sued had an improper purpose in initiating the proceeding
5. damages

Question 10

abuse of process

Answer 10

arises when the person being sued used the legal ststem as an ulterior purpose to threaten or act again the person who is suing

elements

1. wrongful use of process for an ulterior purpose
2. definite act or threat against p to accomplish an ukterior purpose