Other Torts Flashcards
1
Q
What are Other Torts?
A
- Nuisance
- Defamation
- Invasion of Privacy
2
Q
Private Nuisance
A
- Unreasonable Interference with the use/enjoyment with another’s property
- Objective Standard
3
Q
Public Nuisance
A
- Unreasonable Interference to public
- Brought by Government Official
- Private Plaintiffs must prove SPECIAL damages
4
Q
Defamation
A
- False Statement (Negative)
- About Plaintiff
- Hurts Reputation
- Publication
- Damages
5
Q
Publication
A
HEARD and UNDERSTOOD by third person to be about the plaintiff
6
Q
Libel
A
- Written or Printed
- No need to prove Special/Pecuniary Damages
- Hurting reputation is ENOUGH
7
Q
Slander
A
- Spoken
- Must prove Special Damages to prevail
8
Q
Slander Per se
A
- Profession/Business
- Chasity of a Woman
- Crime of Moral Turpitude
- Loathsome Disease
9
Q
Standard of Proof for Defamation
A
Private Individual: Negligence
Public Figure: Actual Malice (Reckless disregard of the truth)
10
Q
Defenses to Defamation
A
- TRUTH
- Privileges
11
Q
What are Absolute Privileges
A
Statements made in the course of Official Proceedings are protected
12
Q
Qualified Privilege
A
- Statements appear necessary to protect Defendant/Public’s Interest
- Honest and Reasonable Belief
13
Q
What are the Invasions of Privacy
A
- False Light
- Appropriation
- Public Disclosure
- Intrusion upon Seclusion
14
Q
What are the two Misrepresentation (Fraud)
A
- Intentional
- Negligent
15
Q
Intentional Misrepresentation
A
- Misrepresentation of Material Fact
- Scienter
- Intent to induce reliance
- Reliance
- Damages
