Other torts

Question 1

Defamation prima facie

Acronym…(hint - Prima Facie)

Answer 1

1. False statement purporting to be fact
2. Publication to 3rd person
3. Fault amounting to at least negligence
4. Damages

PRIFF
Publication which a
Reasonable person believes which causes
Injury to P about a 
False statement of a 
Factual nature

Question 2

Defamation definition

and

Defamation where P is a public official or public figure (general or limited purpose) vs. Private individual - What level of culpability is required for each?

Answer 2

PRIFF
Publication which a 
Reasonable person would believe which causes
Injury to P due to a negligent
False statement of a 
Factual nature

PO/PF = Actual malice req’d

P must show D knew was false or w/ reckless disregard for truth (higher bar)

PO = person w/ control over gov't office (incl' candidates)
GPPF = person w/ persuasive influence
LPPF = person injected to public controversy

P.I. = False and negligence+ (lower bar)

P.I. = any person not a PO or PF

Question 3

Defamation damages (PO/PF vs. P.I.)

Answer 3

PO/PF = actual damages (no presumed or punitive)

P.I. = actual damages unless malice (then general)

Question 4

Libel vs. slander and damages available

Answer 4

Libel = written, printed, recorded / proof of harm NOT req’d (proof already exists) / general damages (worse than spoken, so higher damages)

Slander = spoken / proof of harm req’d (no proof otherwise) / special damages (actual harm - harder to prove, so must tie facts)

Question 5

Defamation defenses

Answer 5

It may be TAQ-y, but its ABSOlutely a defense, don’t be PI-CI

Truth
Absolute privelage
Qualified privelage

Accurate retelling
Broadcast politics
Spousal communications
Official communications (police report)

Public interest
Common interest (e.g., employer-employee discussions re: competitor)

Question 6

Invasion of privacy

Answer 6

4 ways to invade privacy:

POP InFaMi

Publication of private facts
Intrusion upon seclusion
False light
Misappropriation

Question 7

Misrepresentation giving rise to tort liability (in the context of inducing reliance to enter into a contract)

Answer 7

1. Intentional (or negligent in some jurisdictions)
2. false assertion of fact
3. on which P reasonably relies
4. to P’s detriment.

F-R-A-U-D

Factual material misstatement or omission on which P
Reasonably relied, done by an
Aware defendant (knew or SHN) which caused an
Unaware P (did not know of error at time of reliance which caused
Damages to P

Question 8

Vicariously liable when and who is liable for damages?

Answer 8

1. Employees
2. Agents sufficiently unattenuated

EmployER may seek indemnification from employEE.

Question 9

Several liability exceptions

Answer 9

Under a several liability jurisdiction, P may only recover from severally liable D’s comparative responsibility share of the injury, EXCEPT when:

1. Concert - Both D’s act in concert to cause harm
2. Intentional conduct - D1 is negligent in failing to protect P from D2’s conduct
3. Both D’s are intentional

Question 10

Per se defamation requirements

Answer 10

Per se (not limited to special damages = damage PRESUMED) - The other party will be BUMD when per se damages apply

1. Business integrity
2. Unchastity unmarried woman
3. Moral crime
4. Disease (loathsome)

Question 11

Actual malice vs per se

Answer 11

Modern = actual malice when P is a PO/PF

1. Reckless disregard for truth or falsity
2. Knowledge it was false.

Traditional/CL = per se:

1. Business
2. Unchastity
3. Moral crime
4. Disease (loathsome).

Question 12

Qualified privelages

Answer 12

PuFFS

Public interest
Fair reporting
Fair comment
Self-vindication