other torts

Question 1

private Nuissance

Answer 1

unreasonable interference of the use and enjoyment of property

objective standard

Question 2

if you have special sensitivity can you sue

Answer 2

no

Question 3

public nuissance

Answer 3

affects public at large

Question 4

who brings this suit?

Answer 4

gov officials

Question 5

if a private plaintiff sues based on public nuisance, they must prove

Answer 5

special damage

Question 6

defamation

Answer 6

step 1) must be defamatory about p- false statement that hurts their representation
2) hurts reputation in community
3) publication- heard and understood by a third person

if no one can understand it, no publication

step 2- is it libel (written)? i do not need to prove special damages or money as it is enough
slander (spoken)- have to show pecuiniary special harm
slander per se- damages are presumed
1) one’s profession or business
2) chastity of a woman
3) crime of moral turpitude (felony)
4) say someone has a disease

step 3- was it defamatory
public v private
private- have to show negligent of the truth
public (out there in the public)- malice- reckless discard of the truth

Question 7

defenses to defamation

Answer 7

truth

Question 8

absolute privileges

Answer 8

absolute privilege if said in the course of proceeedings

Question 9

qualified privilege

Answer 9

matter that appears necessary to protect interest or public interest honest and reasonable belief it was true

Question 10

invasion of privacy

Answer 10

1) false light- portray someone who they are not and it is not true

Question 11

appropiation

Answer 11

unauthorized use of name or likeness for profit

Question 12

public disclosure of private matter

Answer 12

disclose something that you had some sort of private stake in it

if newsworthy, not private

Question 13

intrusion upon seculsion

Answer 13

physical invasion and intruding on your space

Question 14

intentional misrepresentation

Answer 14

1) d represents material fact
2) they knew or shouldhave known it was false
3) to induce to rely on their detriment
4) they do rely
5) causing damage

Question 15

negligent misrepresentation

Answer 15

i negligently made or mislead someone and i have a special relationship and they detrimentally rely

i.e. special relationship

Question 16

tortious interference w/ contractual relationship

Answer 16

1) k exists
2) they know
3) i do something with intent to breach party
4) you do breach
5) cause damage

Question 17

malicious prosecution

Answer 17

start crim proceeding, w/o probable cause, and no other reason and dismissed in favor of the accused