Economic Torts

Question 1

What are the types of economic torts?

Answer 1

Invasion of privacy

Defamation

Misrepresentation

Interference w/ business relations

Question 2

What is defamation?

Answer 2

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

Question 3

What are the types of defamatory statements that fall in the realm of economic torts?

Answer 3

Defamation

Slander

Libel

Question 4

What is Libel?

Answer 4

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

Question 5

What is slander?

Answer 5

An oral defamatory statement.

Question 6

Between Slander and Libel which one do you need to prove special damages for?

Answer 6

Slander - > You need special damages

Libel -> You don’t need special damages

Question 7

What extra thing must a public official must prove for defamation, slander, or libel?

Answer 7

Actual malice

malice = recklessness or knowledge of falsity (or just think knowingly and reckelssness

Question 8

What is the definition of a public figure for defamation?

Answer 8

Someone who injected themselves into a public controversy or achieved widespread notoriety

Question 10

For defamation, what else must a private figure speaking about a matter of public concern prove?

Answer 10

Negligence

Question 11

What is a defense to defamation

Answer 11

Absolute privilege

Qualified privilege

Question 12

For defamation, what is absolute privilege?

Answer 12

A complete defense to defamation that applies to statements made in judicial proceedings, between spouses, be executive branch officials, and during legislative proceedings

Question 13

For defamation, what is qualified privilege?

Answer 13

A statement that is conditionally privileged and the privilege is not abused (did not act with malice)

Question 14

What are the invasion of privacy torts?

Answer 14

Misappropriation of Name or Picture

False Light

Intrusion of Privacy

Public Disclosure of Private Facts

Question 15

Define Misappropriation of Name or Picture

Answer 15

Using P name or likeness for commercial advantage

(for example - promoting a product or service)

Question 16

What is a defense for misappropriation of name or picture?

Answer 16

Newsworthiness

Question 17

Define False Light

Answer 17

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)

Question 18

Define Intrusion of Privacy

Answer 18

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)

Question 19

Define Public Disclosure of private facts

Answer 19

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.

Question 20

What is a defense to Public Disclosure of Private Facts

Answer 20

Newsworthiness is a defense unless actual malice (knowledge of falsity or reckless disregard) is present.

Question 21

What must you prove for intentional interference with business relations?

Answer 21

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.

Question 22

What are the defenses to intentional interference with business relations?

Answer 22

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)