Nuisance, defamation, invasion of privacy, Misrepresentation, Interference with Business relations and Malicious prosecution Flashcards
what is a nuisance?
Nuisance is a tort that involves real estate or property and is defined as the unreasonable interference with plaintiff’s ability to use and enjoy property.
What is a public nuisance?
public nuisance is an act that unreasonably interferes with the health, safety, or property rights of the community e.g recording studio located next to a recovering facility.
what is a private nuisance?
private nuisance is a substantial, unreasonable interference with another person’s use or enjoyment of her property
e.g deliberately shining a light on a neighbour’s property / throwing a party at late times at the night
what are the available remedies for a nuisance?
The usual remedy is damages, but injunctive relief may be available for a continuing nuisance
what is not a defense under nuisance?
One who has just moved onto land adjacent to a nuisance may bring a nuisance action; i.e., “coming to the nuisance” is not a defense
what are the elements of defamation?
Must be a defamatory statement
Statement must identify the plaintiff and the plaintiff must be alive at the time the statement was said.
Statement must be published
what is a defamatory statement?
statement which tends to adversely affect reputation. Usually involves an allegation of fact that reflects adversely some trait of character. Mere name calling does not count as defamatory
what is defamation?
Defamatory language concerning the plaintiff published to a third person that causes damage to the plaintiff’s reputation
what can of damages must a plaintiff prove under defamation?
Economic harm like loss of job
emotional injury does not matter
what is libel ?
defamation in writing or other permanent form
what is slander?
defamation is spoken within one of the four per se categories
- business or profession
- loathsome disease (leprosy & venereal),
- serious crimes
- unchastity of a woman)
when do damages not have to be shown under defamation?
libel - damages do not have to shown
slander within 4 per se categories - damages do not have to be proven
otherwise special pecuniary damages must be shown.
what happens if the defamation plaintiff is a public figure or the defamation involves a matter of public concern?
a. The plaintiff must prove that the statement was false
b. Public officials or figures must prove “actual malice,” i.e., that the statement was made with knowledge of its falsity or reckless disregard of its truth or falsity
c. Private figures suing on a matter of public concern must show
(i) at least negligence as to truth or falsity, and
(ii) actual injury (no presumed damages)
what are the defenses available for defamation?
a. Consent
b. Truth (when the constitutional requirement of proof of falsity does not apply)
c. Absolute privilege for statements between spouses, judicial, legislative, or executive proceedings
d. Qualified privilege for matters in the interest of the publisher and/or the recipient (may be lost if the statement is outside the scope of the privilege or made with actual malice).e.g references or reccomendations
what are the different wrongs under invasion of privacy?
- Appropriation of the plaintiff’s picture or name
- Intrusion on the plaintiff’s affairs or seclusion in a highly offensive way
- Publication of facts placing the plaintiff in a false light
- Public disclosure of private facts about the plaintiff
explain the wrong of appropriation of the plaintiff’s picture or name
a. Unauthorized use of the plaintiff’s picture or name for the defendant’s commercial advantage
b. Limited to the advertisement or promotion of products or services
E.g using an professional athlete picture on a cereal box without consent
explain the wrong of Intrusion on the plaintiff’s affairs or seclusion in a highly offensive way
An act of prying or intruding on the plaintiff’s private affairs or seclusion that would be highly offensive to a reasonable person e.g wire tapping, eavesdropping.
Must be in a place where there is an expectation of privacy e.g home/hotel room
explain the wrong of Publication of facts placing the plaintiff in a false light
a. The publication of facts about the plaintiff putting her in a false light in the public eye in a way that would be highly offensive to a reasonable person
b. Actual malice must be shown if the publication is in the public interest
Can overlap with defamation
explain the wrong of Public disclosure of private facts about the plaintiff
a. The public disclosure of private information about the plaintiff such that the disclosure would be highly offensive to a reasonable person. Must be confidential
b. Public disclosure requires publicity, not just publication to a few people
E.g doctor’s secretary sends a copy of a lawyer’s medical records to everyone at the law firm he works at
what are the defenses to invasion of privacy?
consent and absolute or qualified privileges, only for false light and public disclosure of private facts
