Other Torts Flashcards
Private Nuisance
The unreasonable interference of use and enjoyment of another’s property
Public Nuisance
An interference that affects the public at large
**If private person sues based on public nuisance, they must prove some sort of special harm or damage
Defamation
(1) A false (negative) statement about the plaintiff that hurts their reputation, with publication, which causes damage
Libel
Written or printed; no special or pecuniary damages
Slander
Spoken; must prove special damages
Defamation - Private Individual
Standard of Proof: Negligence
Defamation - Public Figure
Standard of Proof - Malice (knowledge or reckless disregard of the truth)
Defense to Defamation: Absolute Privilege
Statements made in the course of official proceedings
Defense to Defamation: Qualified Privilege
statement appears necessary to protect defendant/public’s interest and honest/reasonable belief
False Light
Widespread publication of a falsehood or material misrepresentation about P that would be highly offensive to a reasonable person
Appropriation
Unauthorized use of P’s name/likeness/image for P’s commercial advantage
Public Disclosure
Public disclosure of P’s private information
1.Highly offensive to a reasonable person
2. Publicized
Intrusion upon Seclusion
Intrusion upon P’s private affairs in a manner that would be highly offensive to a reasonable person
Misrepresentation: Intentional
(1) D misrepresents material fact
(2) D knows/believes the misrepresentation is false (scienter)
(3) D intends to induce reliance
(4) Actual reliance
(5) damages
Misrepresentation: Negligent
(1) Negligence
(2) Special relationship
(3) Detrimental Reliance
(4) Damages
