Harm to Economic and Dignitary Interests

Question 1

Defamation

Answer 1

CL elements

1. defamatory language
2. of or conerning P
3. publication
4. damage to P’s reputation

If matter of public concern

1. falsity
2. **fault **
   
   1. public official/figure - actual malice (knowledge/reckless disregard)
   2. private person - negligence

Absolute privilege - remarks made during judicial proceedings, legislators during proceedings, fed exec officials, compelled broadcasts, btwn spouse

Qualified privilege - can be lost through abuse

Question 2

Invasion of right to privacy

Answer 2

1. Appropriation of P’s picture or name
   
   1. unauthorized use for commercial advantage
2. Intrusion on P’s affairs or seclusion
   
   1. prying or intruding must be highly offensive to a reasonable person
   2. must be private (photos in public don’t count)
3. Publication of fact placing P in false light
   
   1. must be highly offensive to a reasonable person
4. Public disclosure of private facts about P
   
   1. public disclosure of private info about P, higly offensive to a reasonable person

Question 3

Misrepresentation

Answer 3

1. Misrepresentation of material past/present fact
2. Scienter (D knew or believed it was false/no basis for the statement)
3. Intent to induce P to act in reliance upon misrepresentation
4. causation
5. justifiable reliance
6. damages (actual pecuniary loss)

Question 4

Negligent misrepresentation

Answer 4

1. Misrepresentation by D in business/professional capacity
2. breach of duty
3. causation
4. justifiable reliance
5. damages

• generally in commercial setting

Question 5

Interference w business relations

Answer 5

1. existence of valid contractual relationship or valid business expectancy
2. D’s knowledge of the relationship or expectancy
3. intentional interference
4. damage

• privileges: proper attempt to obtain business, commercially acceptable means of persuasion, competitor seeking same prospective customers, financial interest or responsibility to 3rd party

Question 6

Wrongful institution of legal proceedings

Answer 6

1. Malicious prosecution: (i) institution of criminal proceeding against P (ii) termination in P’s favor, (iii) absence of probable cause, (iv) improper purpose, (v) damages
2. Abuse of process: (i) wrongful use of process (ii) act or threat against P in order to acomplish unlterior purpose