other torts

Question 1

defamation

Answer 1

(1) publishes

(2) a defamatory statement

(3) of or concerning the π

(4) damage to π’s reputation

Question 2

defamatory statement

Answer 2

statement is false and not an opinion

Question 3

public official and public figure std for defamation

Answer 3

actual malice std

πmust show that the person who made the defamatory statement either knew it was false or acted with reckless disregard for the truth

Question 4

private individual std for defamation

Answer 4

statement was false and the speaker was negligent

Question 5

limitations on damages for defamation

Answer 5

public figure/official = only recover for actual proven damage

private indivdual = actual damages but if show malice then punative

Question 6

libel

Answer 6

written, printed, or recorded statement

πrecover general damages

Question 7

slander

Answer 7

spoken statement that is not recorded

πmay recover special damages, concrete showing of actual economic losss

Question 8

slander per se

Answer 8

false statement so harmful it is presumed to cause harm to the π

• business integrity or skill
• unchastity of unmarried woman
• loathsome disease
• crime of moral turpitude

Question 9

private nuisance

Answer 9

substantial and unreasonable interference with the use and enjoyment of the π property

normal, reasonable person in the community would find the interference offensive, inconvenient, or annoying