Economic Torts Flashcards
What are the types of economic torts?
Invasion of privacy
Defamation
Misrepresentation
Interference w/ business relations
What is defamation?
A false statement that tends to harm the reputation of another (said by D about P) where D publishes the statement to a third party and there are damages
What are the types of defamatory statements that fall in the realm of economic torts?
Defamation
Slander
Libel
What is Libel?
Libel is defamation in a permanent format. You do not need to prove special damages unless the statement does not fall within one of the slander per se categories and the defamatory nature is not clear on its face
What is slander?
An oral defamatory statement.
Between Slander and Libel which one do you need to prove special damages for?
Slander - > You need special damages
Libel -> You don’t need special damages
What extra thing must a public official must prove for defamation, slander, or libel?
Actual malice
malice = recklessness or knowledge of falsity (or just think knowingly and reckelssness
What is the definition of a public figure for defamation?
Someone who injected themselves into a public controversy or achieved widespread notoriety
For defamation, what else must a private figure speaking about a matter of public concern prove?
Negligence
What is a defense to defamation
Absolute privilege
Qualified privilege
For defamation, what is absolute privilege?
A complete defense to defamation that applies to statements made in judicial proceedings, between spouses, be executive branch officials, and during legislative proceedings
For defamation, what is qualified privilege?
A statement that is conditionally privileged and the privilege is not abused (did not act with malice)
What are the invasion of privacy torts?
Misappropriation of Name or Picture
False Light
Intrusion of Privacy
Public Disclosure of Private Facts
Define Misappropriation of Name or Picture
Using P name or likeness for commercial advantage
(for example - promoting a product or service)
What is a defense for misappropriation of name or picture?
Newsworthiness
Define False Light
D causes widespread dissemination of P’s beliefs, thoughts, or actions in a false light that would be highly objectionable to a reasonable person.
If this is a public figure or matter of public concern you must show actual malice (knowledge of falsity or reckless disregard)
Define Intrusion of Privacy
When someone has a reasonable expectation of privacy and that expectation is breached (violated) by an intrusion that is highly objectionable to a reasonable person
(for example, reading private mail or illegal wiretapping)
Define Public Disclosure of private facts
The widespread dissemination of truthful private information that is highly objectionable to a reasonable person.
Newsworthiness is a defense unless actual malice (knowledge of falsity or reckless disregard) is present.
What is a defense to Public Disclosure of Private Facts
Newsworthiness is a defense unless actual malice (knowledge of falsity or reckless disregard) is present.
What must you prove for intentional interference with business relations?
That D knew about a contract or business expectancy and that D intentionally induced the party to breach the contract (or terminate the relationship) and a breach occurred and P suffered damages.
What are the defenses to intentional interference with business relations?
Legitimate competitive activity (no dishonest, wrongful, or illegal acts were used)
Giving truthful information
Having a financial interest in the party that breached or terminated
Honestly giving requested advice, usually in a special relationship (attorney-client, parent-child, clergy-penitent)
