Other Torts Flashcards
1
Q
Defamatory
A
- False or negative
- About plaintiff
- With publication
- Causes damages
2
Q
With publication?
A
- Heard and understood by third party
3
Q
Causes damages? (Defamation)
A
Reputation or economic, depending on type
4
Q
Libel
A
Written defamation
Do not to prove special damages (do not to prove money damages)
5
Q
Slander
A
- Spoken defamation
- Need to prove economic loss
6
Q
Defamation per se
A
- Profession
- Chastity
- Crime of moral turpitude
- Loathsome disease
7
Q
Public or private persons in defamation
A
- If private, need to have acted negligently as to the truth.
- If public, need to have been reckless. Knew or should have known what you said was false.
8
Q
Defenses to defamation
A
- Truth is absolute defense
- Privileges
- Absolute
- Any statement made during official proceedings
- Qualified
1. You request me to say something and you don’t get the job 2. As long as I said something honestly that I reasonably believed was true, I’m cool.
- Absolute
9
Q
Invasion of privacy
A
- False light
- Portraying someone in a way they are not actually like
- Appropriation
- Using someone’s name or likeness for commercial advantage
- Public disclosure of a private matter
- Taking a private matter and exposing it to the public, unless it’s newsworthy
- Intrusion upon seclusion
- Invading of someone’s expectations of privacy
10
Q
Misrepresentation?
A
- Intentional
- D intentionally misrepresents a material fact that they knew or should have known was false to induce reliance and it caused damage
- Negligent
- D misrepresents negligently a material fact that they knew or should know was false, you relied, and we have a special relationship and it caused damage
11
Q
Tortious interference with contractual relationship
A
Defendant intentionally induces person to breech a contract
12
Q
Malicious prosecution
A
Starting a criminal proceeding for some other reason than bringing one to justice
