harm to economic and dignitary interests

Question 1

Order tested on

Answer 1

1) defamation
2) invasion of right to privacy
3) misrepresentation
4) interference with business relations

Question 2

Defamation

Answer 2

1) defamatory statement about P
2) publication
3) damage to P’s reputation

Question 3

Requirement for defamation (statement about P)

Answer 3

must be more than mere name calling.

- Must be reasonably understood to be about the P.

Question 4

Requirement for publication for defamation.

Answer 4

• 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

Question 5

Requirement damage to P’s reputation for defamation

Answer 5

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

Question 6

Defenses to defamation

Answer 6

1) consent
2) truth (CL)
3) absolute and qualified privileges

Question 7

Absolute privileges

Answer 7

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)

Question 8

qualified privilege

Answer 8

can be lost
- If feel like to encourage type of communication, give D qualified privilege

(ie: reference from former professor or employer)

Question 9

First amendment defamation

Answer 9

1) defamatory statement about P
2) published
3) damage to reputation
4) false
5) fault (actual malice, intent, reckless, negligent)

Question 10

Public figure

Answer 10

must prove actual malice

1) knowing it was false OR
2) with reckless disregard as to its truth or falsity

Question 11

Private Person (public matter)

Answer 11

only has to prove negligent

Question 12

4 different types for invasion of right to privacy

Answer 12

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.

Question 13

Publication of private facts about P in public?

Answer 13

NO. photographed in a place generally open and available to public IS NOT a private fact.

Question 14

Intentional Misrepresentation

Answer 14

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

Question 15

Negligent Misrepresentation

Answer 15

1) negligence replaces scienter

2) can only be used in COMMERCIAL SETTING

Question 16

Interference with business relations

Answer 16

1) valid relationship between P and D
- either existing or prospective (easier for existing)

2) D knowledge of relationship.
3) intentional interference
4) damages

Question 17

Defenses to Interference with business relations

Answer 17

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.)

Question 18

what is the amount of damages for conversion

Answer 18

fair market value of chattel at TIME OF CONVERSION

Question 19

Invasion of privacy overview

Answer 19

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

Question 20

actual malice for defamation

Answer 20

knowledge that the statement was false or reckless disregard as to truth or falsity

Question 21

what is the reckless disregard part for actual malice

Answer 21

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.