Other Torts Flashcards
Nuisance- general
2 kinds private and public
Private nusiance
The unreasonable interference with the use and enjoyment of another’s property
o Objective standard.
Public Nuisance
Interference that effects the public at large
o A government official brings a public nuisance suit on behalf of the community.
Ex: if private plaintiff sues based on public nuisance, the private person must try to prove some sort of special, unique harm. So look for special damages.
Defamation
- False statement
- About plaintiff
- Hurts reputation
- Publication
- Damages
Libel
something that’s** written or permanent, **printed
o If someone writes something about me, because its written its in a permanent form, its written, no special damage, pecuniary, special harm and pecuniary are the same thing. IT means money. I don’t have to prove that I was economically harmed its enough that it hurts my reputation.
AKA: Written or printed, no special/ pecuniary damages
Slander
Slander is spoken.
You say something about me in the crowded room, there you need to prove some sort of special harm, pecuniary loss, some sort of economic harm. I lost my job, I lost a business opportunity.
AKA: Spoken, must prove special damages
Slander per se
4 kinds of statements that if you say it about that person are so bad that it would hurt their reputation so dramatically that special damages are not required. Damages are presumed.
*
Statements: that would hurt their reputation so badly that they don’t need to prove any kind of special damage.
1. You say something about ones profession or business
2. The chastity of a woman.
3. A crime of moral turpitude: now that’s a crime of a felony
4. You say someone has a loathsome disease in public.
a. Think STD.
Defamation- Private person
If a private person (a regular person) is being defamed they have to prove that you acted negligently as to the truth.
You didn’t check a source, you didn’t look it up online. You were just negligent in your conduct.
o Start with premise everyone is a private individual unless they tell you otherwise.
Defamation- Public figure
- A public figure is someone who puts themselves out there into the public. Someone who wants to be known by everyone.
If you are a public figure and you are being defamed you have to prove that they acted with malice
Malice: they acted with reckless disregard of the truth. They knew or should have known it was false and they said it anyway.
Truth
Defense to defamation: * Truth: you say something which is true, you are not going to be liable for defamation.
o Truth is the absolute defense.
Absolute Privilege
A privilege to make statements in any official proceeding.
o Think court appearances, while your in court. Government officials yelling at eachother in the legislature calling eachother names. They have an absolute privilege if the statements they are making are in the course of official proceedings. Official gov like public proceedings.
AKA: Absolute privilege: Statements made in the course of official proceedings are protected.
Qualified Privilege
You have a defense if youre only stating “a matter that appears necessary to protect the Ds interest or public interest. I say something which appears necessary to protect the D’s interest or the public interest. And as long as I make this statement honestly and reasonably, I have a defense. If I make a statement and honestly and reasonably I have a defense.
o AKA: Qualified privilege:
Statement appears necessary to protect Defendant’s/public’s interest
Honest and reasonable belief
Invasion of privacy
4 ways:
1. False Light
2. Appropriation
3. Public disclosure of private matter
4. Intrusion upon seclusion
False Light
You portray someone who they are not. You portray someone in a false light
** Say something about them which is just not true.**
Appropriation
- The unauthorized use of the plaintiff’s name or likeness for the plaintiff’s commercial advantage, AKA for profit
-
AKA unauthorized use of likeness or image for profit.
o Key using ur pic to make money. Profit is key
Public disclosure of a private matter
Publicly disclosing a private matter (something where you would have some sort of expectation of privacy ie med records ect.). Can disclose on the internet or on tv.
o Gotta make sure it was private in first place
Make sure its not newsworthy
If something is newsworthy then it wasn’t private ie: things you put out there yourself. Ex: Kardashians put their whole life in TV. Once out in public domain then its not private.
intrusion upon seclusion
Invading someone’s expectation of privacy. It’s the physical invasion of someone’s privacy.
o Physical act going into somebody else’s private space
Misrepresentation
same as fraud or decit
intentional misrepresentation
- Intentional misrepresentation: Defendant intentionally misrepresents a material fact, that they knew or should have known was false with intent to induce reliance and the plaintiff does rely causing damage. AKA scienter like knowledge
o AKA
1. Misrepresentation of material fact
2. Scienter
3. Intent to induce reliance
4. Reliance
5. Damages
Negligent misrepresentation
- Negligent misrepresentation: Acted negligently (made a mistake) I have a special relationship with them and that plaintiff detrimentally relied on what I did causing them damage.
o I wasn’t out to trick them but I was mistaken, negligent in my conduct, but they trust me because of our special relationship (real estate broker and buyer).
o AKA – look for special relationship
1. Negligence
2. Special relationship
3. Detrimental reliance
4. Damages
Tortious interference with a contractual relationship
- Tortious interference with a contractual relationship: you know a contract exists between two parties. The contract exits with the defendant knowledge and the defendant intentionally induces one party to breach the contract, causing damage.
o Ex: I know the 2 of you have an agreement. And yet I do something with the intent to induce you to breach your contract with the other party. You do breach, causing damage
o Agent PR person. You know they represented by someone else but u do something to cause that client to breach the contract with them and sign with you.
1. Contract exists
2. Defendant has knowledge
3. Intentional interference
4. Damages
Malicious prosecution
o You knew that they really didn’t do anything wrong you started a crim proceeding to be evil and its dismissed in their favor because they didn’t do anything wrong. So you could be sued for malicious prosecution.
1. Criminal proceeding
2. No probable cause
3. Improper purpose
4. Dismissed in favor of accused
