harm to economic and dignitary interests Flashcards
Order tested on
1) defamation
2) invasion of right to privacy
3) misrepresentation
4) interference with business relations
Defamation
1) defamatory statement about P
2) publication
3) damage to P’s reputation
Requirement for defamation (statement about P)
must be more than mere name calling.
- Must be reasonably understood to be about the P.
Requirement for publication for defamation.
- Communication MUST be to third party.
- Communication can be either intentionally or negligently made
(neg: reasonable foresee ability that others would hear. - 3rd party MUST UNDERSTAND the defamatory content
Requirement damage to P’s reputation for defamation
libel: written or broadcast
- damages presumed
slander: spoken. must prove special damages
slander per se: presumed
1) business or profession
2) crime involving moral turpitude
3) loathsome disease
4) unchasity to woman
Defenses to defamation
1) consent
2) truth (CL)
3) absolute and qualified privileges
Absolute privileges
1) communication b/w spouses
2) executive, legislative, and judicial branches.
- ANYTHING said in course of litigation that is reasonably related to it will be absolutely privileged)
qualified privilege
can be lost
- If feel like to encourage type of communication, give D qualified privilege
(ie: reference from former professor or employer)
First amendment defamation
1) defamatory statement about P
2) published
3) damage to reputation
4) false
5) fault (actual malice, intent, reckless, negligent)
Public figure
must prove actual malice
1) knowing it was false OR
2) with reckless disregard as to its truth or falsity
Private Person (public matter)
only has to prove negligent
4 different types for invasion of right to privacy
1) P’s name or picture for D’s COMMERCIAL advantage
2) intrusion by D into P’s privacy or seclusion
- must be HIGHLY OFFENSIVE to reasonable person
3) publication of facts placing P in false light
- Must be HIGHLY OFFENSIVE to reasonable person and wide dissemination of statements.
4) Publication of private facts about P
- Must be HIGHLY OFFENSIVE to reasonable person and wide dissemination of statements.
Publication of private facts about P in public?
NO. photographed in a place generally open and available to public IS NOT a private fact.
Intentional Misrepresentation
1) misstatement of fact not opinion
X/C rendered by someone with superior skill in area.
- Silence is not enough.
2) Scienter: actual malice
- knowing it was false or reckless disregard as to its truth or false
3) intent to induce reliance
4) reasonable reliance
Negligent Misrepresentation
1) negligence replaces scienter
2) can only be used in COMMERCIAL SETTING
Interference with business relations
1) valid relationship between P and D
- either existing or prospective (easier for existing)
2) D knowledge of relationship.
3) intentional interference
4) damages
Defenses to Interference with business relations
Privileges
1) relationship b/w P and D
- competitors privilege if only prospective relationship and not existing k
2) D and third party:
- privilege for close person (getting advice from L or parent.)
what is the amount of damages for conversion
fair market value of chattel at TIME OF CONVERSION
Invasion of privacy overview
public disclosure of private facts
1) publication (public disclosure) D of private info of P
2) matter made public is such reasonable person would object made public
- publication may be privileged if
(a) public interest so long made w/o malice
actual malice for defamation
knowledge that the statement was false or reckless disregard as to truth or falsity
what is the reckless disregard part for actual malice
reckless conduct IS NOT measured by whether a reasonable person would have investigated before publishing, rather there must be a showing that the D in fact (subjectively) entertained serious doubts as to the truthfulness of his publication.
