Other Torts

Question 1

Nuisance

Answer 1

1. Private Nuisance
2. Public Nuisance

Question 2

1. Private Nuisance

Answer 2

a) Unreasonable Interference with use/enjoyment
b) Objective standard

Question 3

2. Public Nuisance

Answer 3

a) Unreasonable Interference to Public
b) Brought by Gov
(1) Private P MUST prove SPECIAL damages

Question 4

1. Defamation

Answer 4

a) False Statement
b) About P
c) Hurts REPUTATION
d) Publication
(1) Heard & Understood by Third Party
e) Damages

Question 5

2. Libel

Answer 5

a) Written or Printed
b) No special/Pecuniary Damages

Question 6

3. Slander

Answer 6

a) Damages are presumed
(1) Profession/business
(2) Chasity of a woman
(3) Crime of Moral Turpitude
(a) Felony
(4) Loathsome Disease
(a) STD

Question 7

5. Defamation - Private Ind.

Answer 7

a) Standard of Proof = Negligence

Question 8

6. Defamation - Public Individual

Answer 8

a) Standard of Proof = Actual Malice
b) Knowledge of “Reckless disregard of the truth”

Question 9

1. Defenses to Defamation

Answer 9

a) TRUTH is an absolute defense to defamation
b) Privilege

Question 10

b) Privilege

Answer 10

(1) Absolute Privilege
(2) Qualified Privilege

Question 11

(1) Absolute Privilege

Answer 11

(a) Statements made in the course of Official Proceedings are protected

Question 12

(2) Qualified Privilege

Answer 12

(a) Statement appears necessary to protect D/ Public Interest
(b) Honest & Reasonable Belief
(i) Examples
(a) Letters of Req.
(b) Character Reference

Question 13

D. Invasion of Privacy

Answer 13

1. False Light
2. Appropriation
3. Public Disclosure
4. Intrusion upon Seclusion

Question 14

1. False Light

Answer 14

a) Portray someone in a light that they are not, does not have to be in a bad way; just not true

Question 15

2. Appropriation

Answer 15

a) Unauthorized use of likeness or image for profit

Question 16

3. Public Disclosure

Answer 16

a) Public Disclosure of a Private Matter
b) Not “Newsworthy”

Question 17

4. Intrusion upon Seclusion

Answer 17

a) Physical invasion of a private space

Question 18

E. Misrepresentation /Fraud

Answer 18

Intentional
Negligent

Question 19

1. Intentional Misrepresentation

Answer 19

a) Misrepresentation of Material Fact
b) Scienter
(1) Knowledge that it was false
c) Intent to Reduce Reliance
d) Reliance
(1) P does rely
e) Damages
(1) Usually economic harm

Question 20

2. Negligent Misrepresentation (Mistaken)

Answer 20

a) Negligence
(1) Misled
b) Special relationship
(1) Trust  Fid.
c) Detrimental Reliance
d) Damages

Question 21

1. Tortious Interference w Contractual Relationship

Answer 21

a) K exists
b) D knows about K
c) Intentional Interference
d) Damages