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Grossman: Torts > Other Torts > Flashcards

Other Torts Flashcards

1
Q

What are Other Torts?

A
  1. Nuisance
  2. Defamation
  3. Invasion of Privacy
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2
Q

Private Nuisance

A
  • Unreasonable Interference with the use/enjoyment with another’s property
  • Objective Standard
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3
Q

Public Nuisance

A
  • Unreasonable Interference to public
  • Brought by Government Official
  • Private Plaintiffs must prove SPECIAL damages
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4
Q

Defamation

A
  1. False Statement (Negative)
  2. About Plaintiff
  3. Hurts Reputation
  4. Publication
  5. Damages
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5
Q

Publication

A

HEARD and UNDERSTOOD by third person to be about the plaintiff

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6
Q

Libel

A
  • Written or Printed
  • No need to prove Special/Pecuniary Damages
  • Hurting reputation is ENOUGH
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7
Q

Slander

A
  • Spoken
  • Must prove Special Damages to prevail
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8
Q

Slander Per se

A
  1. Profession/Business
  2. Chasity of a Woman
  3. Crime of Moral Turpitude
  4. Loathsome Disease
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9
Q

Standard of Proof for Defamation

A

Private Individual: Negligence
Public Figure: Actual Malice (Reckless disregard of the truth)

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10
Q

Defenses to Defamation

A
  • TRUTH
  • Privileges
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11
Q

What are Absolute Privileges

A

Statements made in the course of Official Proceedings are protected

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12
Q

Qualified Privilege

A
  • Statements appear necessary to protect Defendant/Public’s Interest
  • Honest and Reasonable Belief
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13
Q

What are the Invasions of Privacy

A
  1. False Light
  2. Appropriation
  3. Public Disclosure
  4. Intrusion upon Seclusion
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14
Q

What are the two Misrepresentation (Fraud)

A
  1. Intentional
  2. Negligent
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15
Q

Intentional Misrepresentation

A
  1. Misrepresentation of Material Fact
  2. Scienter
  3. Intent to induce reliance
  4. Reliance
  5. Damages
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16
Q

Negligent Misrepresentation

A
  1. Negligence
  2. Special Relationship
  3. Detrimental Reliance
  4. Damages
17
Q

Tortious Interference with Contractual Relationship

A
  1. Contract Exists
  2. Defendant has knowledge
  3. Intentional Interference
  4. Damages
18
Q

Malicious Prosecution

A
  1. Criminal Proceeding
  2. No Probable Cause
  3. Improper Purpose
  4. Dismissed in favor of Accused
19
Q

False Light

A

Portray someone in false light

20
Q

Appropriation

A

Unauthorized use of likeness or image for profit

21
Q

Public Disclosure

A
  • Public disclosure of a Private Matter
  • not newsworthy
22
Q

Intrusion upon Seclusion

A

Physical invasion of a private space

Grossman: Torts (4 decks)

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