Harm to Economic and Dignitary Interests

Question 1

In addition to proving all of the MBE elements for Defamation, PA also requires a showing of at least _______________ in ALL defamation cases, even if the statement does not involve a matter of ____ ______.

Answer 1

Negligence as to the truth or falsity

Public Concern

Question 2

What are the four recognized categories of slander per se for which general damages are presumed?

Answer 2

Statements imputing shortcomings incompatible with a plaintiff’s business, trade, profession, or office.

Claims that a plaintiff has a loathsome disease

Words imputing an indictable criminal offense; and

Allegations of serious sexual misconduct.

Question 3

In cases not involving public figures or matters of public concern, the defendant has the burden of doing what?

Answer 3

Proving truth as a defense

Question 4

A public figure plaintiff may introduce proof that defendant did what in order to support a claim of actual malice?

Answer 4

Republished an allegedly defamatory statement after a complaint had been filed alleging as much

Question 5

A COA for fraud that is framed as a tort but relies on contract obligations will be analyzed under what doctrine?

What does that doctrine determine?

Answer 5

“Gist of the Action” Doctrine

Determines whether the COA lies in tort or contract.

Question 6

Under the Gist of the Action Doctrine, where fraud claims are intertwined with breach of k claims, and the duties allegedly breached are created and grounded in the k itself, the gist of the action is . . .

Answer 6

Breach of k .

Question 7

Claims of fraud in the performance of a k are generally barred under what doctrine? Why?

Answer 7

Gist of the Action

Under the Gist of the Action Doctrine, where fraud claims are intertwined with breach of k claims, and the duties allegedly breached are created and grounded in the k itself, the gist of the action is breach of k

Question 8

T or F? An adoption agency may be liable for negligently failing to disclose relevant information.

Answer 8

True

Question 9

PA requirements for establishing interference with business relations (basically the same as MBE) are: (4)

Answer 9

Existence of an actual or prospective contractual relationship

Intent to harm the P by preventing the relationship from occurring

Absence of privilege or justification on the defendant’s part, and

Actual damages as a result of the D’s actions

Question 10

Inducing employees to leave their present employment and take work with another is a tortious interference with business relations IF what is true?

Answer 10

The purpose of the enticement was to harm the competitor, rather than to obtain the employees skills or help him out in some way.

Question 11

Is truth a defense to a claim or tortious interference with business relations?

Answer 11

Yes

Question 12

What is the name of PA’s wrongful use of civil proceedings act?

Answer 12

Dragonetti Act

Question 13

To succeed in PA on a Dragonetti Act claim, P must show what 4 things?

Answer 13

Underlying proceedings terminated is his favor;

The D (Plaintiff in the original action) initiated those proceedings w/o probable cause or acted in a grossly negligent manner

The D here filed the original action for an improper purpose, and

The P here sustained damages as a result.