other torts Flashcards
In slander actions, special damages must be pleaded and proven, unless those spoken words are
CLAMS (slander “per se”):
C – Falsely accusing the P of committing a serious CRIME
L – Falsely stating that P has an existing (not former) communicable, LOATHSOME disease
(e.g., a sexually transmitted disease)
A – Making a false statement that ADVERSELY reflects on P’s trade or business
M – Falsely accusing P of MORAL turpitude
S – Falsely accusing P of serious SEXUAL misconduct (male or female)
A defamer is privileged when she has JET LAG:
J – Defamatory statements in the course of a JUDICIAL proceeding
E – Confidential defamatory communications spoken between spouses who are deemed one
ENTITY, when the spouse is sued for defamation
T – TRUTH
L – Statements by LEGISLATORS made in legislative chambers
A – State, local or federal ADMINISTRATIVE agency’s executives or government executives
making defamatory statements in furtherance of their official duties
G – Statements made to Bar Association GRIEVANCE Committees
A CLIP invades privacy:
C – COMMERCIAL misappropriation of P’s name, likeness, or voice w/o P’s written
permission (& compensation); taking commercial advantage of a living person’s
reputation, prestige, or some other value associated w/ P’s name or likeness w/o
compensating him or her for it
L – False LIGHT publicity that unreasonably places P in highly objectionable false light
before the public
I – Highly offensive INTENTIONAL intrusion into another’s seclusion or solitude
P – PUBLIC disclosure of highly offensive and deeply shocking private facts that are of no
legitimate interest to the public
Only a KID can be sued for Tortuous Interference of a Contract:
K – D had KNOWLEDGE of the K;
I – D INTENTIONALLY induced a contracting party to breach that K; and
D – DAMAGES resulted from the breach of the existing, enforceable K
