Nuisance/defamation/other torts Flashcards
Private nuisance
Intentional activity that unreasonably interferes with P’s use and enjoyment of land
Elements of defamation
Defamatory message, Identifiable P, Publication, Not privileged
Defamation privileges
Truth and Absolute privilege (spouses, judicial proceedings, Congress)
1A and Defamation
Public official/figure = actual malice; Private figure + public concern = negligence
Invasion of privacy torts
Intrusion into seclusion, commercial appropriation of likeness, public disclosure of private true facts, portrayal in false light, malicious prosecution
Intentional misrepresentation
Intentional material misrepresentation, of past or present fact, with knowledge, P justifiably relies to detriment
Vicarious liability
Employer is liable for the injuries caused by the negligence of employee if occurred in scope of employment