Harm to Economic & Dignitary Interests & Privacy Flashcards
1
Q
Harm to Economic & Dignitary Interests & Privacy COAs
A
- Defamation
- Invasion to Right of Privacy
- Misrepresentation
- Interference With Business Relations
- Wrongful Institution of Legal Proceedings
2
Q
COA for Defamation
A
- The D must make a defamatory statement that identifies the P
- D must publish the defamatory statement
- There must be Damage
3
Q
Defamatory statement that identifies the P
A
- Something is defamatory if it tends to adversely effect reputation
- Usually a statement made in a factual nature the reflects negatively on a trait of character
- Name calling is not a defamatory statement
- Can identify P in anyway it can be understood as the P
- P has to be alive when the statement is made
4
Q
Actionability of a Defamatory v Actionability of Opinion Statement
A
- Defamatory statement generally must be a statement of factto be actionable.
- A statement of opinion may be actionable if it appears to be based on specific facts and an express allegation of those facts would be defamatory
- Whether a publish statement is one of “fact” or “opinion” dpeends on the circumstances surrounding the publication and the nature of the words used.
- The broader the language - the less likely it will be interpreted as a statement of fact or opinion.
- A statement of opinion is not actionable if it is not readily capable of being proven as true of false
5
Q
publication of a defamatory statement
A
- Publication is anything made public (anyone other than P), not said privately
- Element is satisfied as long as D has shared statement with 1 person other than the P
- The more people told - the greater the damage and therefore the greater the recovery
- Publication does not need to be deliberate - accidental or negligent publication is sufficient
6
Q
Element of Damage for Defamation depends on:
A
- Libel Cases
- Slander
7
Q
Damage in Libel Cases
A
- Underlying defamatory statement was written down or memorialized
- P does not have to prove damage - presumption of damage
- Radio and TV broadcasts are being treated as libel
8
Q
Damage in Slander Cases
A
- Defamatory statement was oral or spoken in nature
- Has to actually be proven
- 4 types of slander, called slander per se which gives P a presumption of damage rather than having to prove actual damage
9
Q
4 types of Slander
A
- Relating to business or profession
- Statement saying P has committed a serious crime - a crime of moral turpitude
- Any crime with a component of dishonesty or serious violence
- Statement imputing un-chastity to a woman
- This is about virginity - the statement saying they had sex is slander per se, not talking about anything short of sex
- Statement that the P suffers from a loathsome disease
- Leprosy
- Venereal Disease
- Ex: Syphilis
10
Q
Recovery for Defamation
A
- Cannot recover from social harm
- Can recover for economic harm
11
Q
Group Defamation
A
- Small group and defamitory statement refers to all members = each member may establish the statement concerns him
- large group = no one can prove it is concerning him
- if statement refers to some members of a small group, P can recover if a reasonable person would view the statement as referring to the P
12
Q
Defenses to Defamation
A
- Consent
- Truth
- Privilege
13
Q
Types of Privilage under Defamtiation Defense
A
- Absolute Privilage
- Qualifying Privilige
14
Q
Types of Absolute Privalge Defense to Defamation
A
- Spouses
- Spouses communicating with each other cannot be found for defamation, even if disclosure to the spouse is a publication
- Officers of the Government in the conduct of their official duties (of all 3 branches)
- In judicial realm, lawyers and witnesses are covered by the privilege if in the scope of their official duties
15
Q
What is the Qualifying Privilage Defense to Defamation and when does it arise?
A
- Recommendations
- People making recommendations can make candid disclosure without worrying about being sued for defamation
- Statements to police
16
Q
Rules for the Qualifiying Privilage Defense to Defamation
A
- You have got to make the statement with a reasonable and good faith belief the statement is actually correct
- You have to confine yourself to matter that is relevant to the subject at hand