Intentional Torts 2 Flashcards
If alleged statement is not defamatory, plaintiff may have to prove _
Special damages
Special damages would come in the form of _ occurred as a result of defamatory statements
Out-of-pocket expenses
Out of pocket expenses are _ caused by statement
Financial loss
If someone’s statement causes you so much emotional stress that you need to seek therapy, you may have basis for _
Defamation claim
Therapy from comment is the _
Special damages
(Cost of therapy)
Some statements, although defamatory, are protected by a _ or _ privilege
Qualified
Absolute
Statement made about you from _ to _ may be protected by qualified privileges
Previous employer
New employer
If you want to make a claim against previous employer’s comment to new employer, you’ll have to prove _
Malice intent
An absolute privilege would be one that is an absolute bar to _
A claim for defamation
Comments made in the course of a _ generally governed by absolute privilege
Judicial proceeding
Malicious prosecution is when person initiates a _ that is then found to be unjustified
Criminal prosecution
Fraud is the intentional misrepresentation of a material fact made for the purpose of inducing reliance and does induce reliance to the detriment or damage of _
Plaintiff
Fraud claims must be proved by _
Clear and convincing evidence
Reason why fraud difficult to prove is that surreptitious behavior may be subject to _
Different interpretations
Surreptitious means to keep _ because it would not be approved of
Keep secret
