Harm to Economic and Dignitary Interests

Question 1

Defamation

Answer 1

(1) defamatory language; (2) of or concerning the P, (3) publication by D to a third person; and (4) damage to Ps reputation

If public concern, Constitution requires (5) falsity of the language; and (6) fault on the part of D

Question 2

Language sufficient to be defamatory

Answer 2

Language tending to adversely affect one’s reputation

name calling is insufficient

Must be a living person. Defamation of deceased person is not actionable. Corporations are limited to remarks as to financial condition, honesty, or integrity

Question 3

Of or concerning P

Answer 3

P must establish that reasonable reader, listener, or viewer would understand that the statement referred to the P

Question 4

colloquium

Answer 4

If statement does not refer to P on face, extrinsic evidence may be offered to establish that statement refers to P

Question 5

Group Defamation

Answer 5

if statement refers to ALL members of a SMALL group, each member can establish of and concerning element

If large group, no member can prove of and concerning element

If some members of a small group, P can recover if a reasonable person would view the statement as referring to P

Question 6

Publication

Answer 6

Communication of the defamation to a THIRD PERSON who UNDERSTANDS it

Intent to publish is necessary, not intent to defame

Question 7

Libel

Answer 7

Written or printed publication of defamatory language

NO need to prove special damages and general damages. Presumed

Radio and TV are generally libel

Question 8

Slander

Answer 8

Spoken defamation. P must prove SPECIAL DAMAGES, unless if slander per se

Question 9

Slander Per Se

Answer 9

NO need to show special damages. Statements that:

(1) adversely reflect on one’s conduct in a business or profession; (2) loathsome disease; (3) crime of moral turpitude (common law crimes); or (4) chastity of a woman

Question 10

Defamation of a Matter of Public Concern

Answer 10

must show that the statement is false and that D acted with actual malice

If true, no CoA. But look for IIED or invasion of privacy if private individual

Question 11

Public Figure

Answer 11

Someone of pervasive fame or notoriety or assumes a central role in a public controversy

Requires actual malice and common law elements.

Damages are presumed under common law rules, punitive damages if appropriate

Question 12

Actual Malice

Answer 12

(1) knowledge that statement is false, or (2) reckless disregard as to whether it was false

Subjective Test

Question 13

Private Person on a matter of public concern

Answer 13

At least negligence is required for malice if statement involves a matter of “public concern” plus common law elements

Damages: only for proved actual injury. If actual malice shown, however, punitive damages are available

Question 14

Private person on a matter of private concern

Answer 14

Common law defamation. No fault requirement.

Damages: presumed damages under common law rules and punitive damages where appropriate

Question 15

Consent

Answer 15

Complete defense to defamation. implied or express.

Question 16

Truth

Answer 16

Complete defense when P does not need to prove falsity himself.

Burden on D in common law defamation, P must prove in consitutional defamation

Question 17

Absolute Privileges

Answer 17

judicial proceedings; legislators during proceedings; federal executive officials; compelled broadcasts; and between spouses

Never lost

Question 18

Qualified Privileges

Answer 18

Can be lost through abuse of privilege

reports of official proceedings; statements in the interest of the publisher (defending your actions); statements in the interest of the recipient

Question 19

Privacy Torts

Answer 19

Appropriation, Intrusion, False light, Public Disclosure

Only Intrusion doesn’t require a publication

All requires Causation

No need to show special damages. Emotional distress and mental anguish are sufficient

Question 20

Appropriation

Answer 20

Unauthorized use of P’s picture or name for D’s COMMERCIAL advantage

Limited to advertisements or promotions. MERE ECONOMIC BENEFIT IS INSUFFICIENT..must be in connection with promoting a product or service

Question 21

Intrusion on P’s Affairs or Seclusion

Answer 21

Prying or Intruding that is highly offensive to a reasonable person

Intrusion must be a PRIVATE one. Public photographs is not actionable.

Question 22

False Light

Answer 22

When one falsely attributes views or actions to P

Must be something HIGHLY OFFENSIVE to a reasonable person

Must have publicity to be actionable

if of public interest, must show actual malice

Question 23

Public Disclosure of Private Facts

Answer 23

public disclosure of private information that his HIGHLY OFFENSIVE to a reasonable person of ordinary sensibilities

Objective standard

May be liable EVEN IF TRUE

Question 24

Defenses to Privacy torts

Answer 24

consent and all defamation defenses (e.g., if public interest, must show actual malice)

Truth is NOT a good defense

Question 25

Intentional Misrepresentation

Answer 25

(1) misrepresentation of a material past or present fact; (2) scienter (knowledge or belief that it was false or no basis for statement); (3) intent to induce P to act or refrain from acting in reliance upon misrepresentation; (4) causation (actual reliance); (5) justifiable reliance; and (6) damages

No defenses

Question 26

Duty to Disclose

Answer 26

No general duty to disclose material fact, unless (1) fiduciary relationship, (2) selling real property and material defects that the P is unaware of and cannot reasonably discover

Question 27

negligent misrepresentation

Answer 27

limited to misrepresentations made in a COMMERCIAL setting and liability will attach only if reliance by a PARTICULAR P could be contemplated (no third party liability)

Question 28

Interference with Business Relations

Answer 28

(1) existence of a valid contractual relationship between P and third party or a valid business expectancy; (2) D’s knowledge of the relationship or expectancy; (3) intentional interference by D inducing a breach or termination of the relationship or expectancy; and (4) damages

NOTE: privilege exist when D is trying to obtain business for itself or protect its own interests