Harm to Economic and Dignitary Interests

Question 1

Defamation elements

What if matter of public concern?

Answer 1

1) Defamatory language
2) of or concerning the plaintiff
3) publication
4) damage to reputation
Public concern: 5) Falsity 6) Fault
Damages presumed if private person/matter of private concern

Question 2

Defamation for public figure, damages:

vs. Private Figure, Damages:

Answer 2

Public Figure: Must prove falsity and fault through ACTUAL MALICE: Knowledge that statement was false OR reckless disregard as to its truth (subjective: entertaining serious doubts of its truth). Damages = presumed
Private Figure: Negligence if matter is of public concern; Damages=actual injury

Question 3

Lible:

Answer 3

Defamatory statement is written, DAMAGES PRESUMED

Question 4

What is defamatory statement?
“Of or concerning”
“Published”

Answer 4

If it adversely affects person’s reputation.
In view of reasonable listener or reader it’s about P
Intentionally/Negligently communicated to 3rd person (not just P).

Question 5

What are “slander per se” categories?

Answer 5

has to do with business/profession, loathsome disease, one was guilty of crime involving moral turpitude, woman is unchaste.

Question 6

Interference with Business relations:

Defenses?

Answer 6

1) a valid K between parties or expectation of K, 2) D knew of the K, 3) intentional interference inducing breach/termination of the relationship and 4) damages
Defenses: used commercially acceptable means of persuasion, competitor seeking same customer, responding to third party’s request for business advice

Question 7

Privacy, what are the torts?

Answer 7

Appropriation, Disclosure, Intrusion on seclusion, false light

Question 8

Appropriation

Answer 8

Using P’s image/name for commercial purpose

Question 9

Disclosure:

Answer 9

Widespread dissemination of confidential info of P that would be highly offensive to average person (unless newsworthy. Must be truly private)

Question 10

Intrusion on Seclusion:

Answer 10

Invasion of Plaintiff’s Seclusion that is highly offensive to average person (wiretapping, surveillance) MUST BE IN PLACE WHERE PRIVACY EXPECTED

Question 11

False Light

Answer 11

Widespread dissemination of a material falsehood about plaintiff that is highly offensive to average person (minority jx have abolished b/c so similar to defamation). Can get damages for social/emotional harm

Question 12

Defenses

Answer 12

Truth, Consent; Absolute privilege can never be lost (judicial proceedings, legislators during proceedings, federal executive officials, COMPELLED broadcasts, between spouses)
Qualified Privilege (reports of official proceedings, statements in interest of the recipient). LOST IF: statement isn't within scope of privilege OR speaker acts with actual malice