Other Torts

Question 1

Defamation

Answer 1

1) defamatory language
2) of/concerning P
3) publication
4) falsity
5) fault

Question 2

Libel

Answer 2

Written, printed or otherwise recorded defamatory statements in permanent form

General damages to compensate P for harm to reputation

Question 3

Slander

Answer 3

Spoken defamatory statements; third-party heard statements and acted adversely to P

Special damages required

Question 4

Slander Per Se

Answer 4

No special damages required if accused of committing a crime or conduct that reflects poorly on Plaintiffs trade, disease, sexual misconduct

General damages permitted

Question 5

Defamation Defenses

Answer 5

Truth

Consent

Absolute privilege - official capacity

Qualified privilege

Question 6

Invasion of Privacy (IFLAP)

Answer 6

Intrusion upon seclusion

False light

Misappropriation

Public disclosure of private facts

Question 7

Intentional Misrepresentation

Answer 7

1) False representation of material facts
2) Scienter - knowledge or reckless disregard of truth
3) Intent to induce P to rely on the misrep
4) Causation - actual reliance
5) justifiable reliance by P

Question 8

Negligent Misrepresentation

Answer 8

D provides false info to P as a result of neg in course of Defendants business or profession leading P to justifiably rely on the false info and suffer pecuniary damages as a result

Question 9

Intentional Interference with Business Relations

Answer 9

1) D knew of valid contractual relationship between P and a 3P
2) D intentionally interfered with contract in a way that exceeds fair competition/free expression
3) Breach caused damages to P

Defenses = justified if motivated by health, safety, or morals

Question 10

Interference with Prospective Economic Advantage

Answer 10

More egregious conduct required for liability, independently tortious

Question 11

Theft of Trade Secrets

Answer 11

1) P owns valid trade secret
2) Not generally known
3) Reasonable precautions taken to protect it
4) D took secret by improper means