Other Torts Flashcards
NUISANCE: two types
two types- private v. public
private nuisance:
UNREAS interference with the use and enjoyment of another’s property;
unreasonable interference must be unreasonable to a reasonable person (objective standard)
(heavy metal example); so things like sensitivity is not going to give rise to a private nuisance bc
this is not going to interfere with a normal person (usually between neighbors or individuals)
public nuisance:
unreas interference with a right shared by a public at large; this is affecting a public at large; so it might be a company, nuclear chemical factory.
normally who brings the suit on behalf of the public at large?
a govt official, a general atty.
hypo
what if a private plaintiff brings a public nuisance suit against that company?
then you have to prove special damages. usually economic/pecuniary harm
Defamation – step 1
Step 1: make sure you know the statement in q was defamatory
a defamatory statement is (a) a false (negative) statement, (b) of or about the P (c) with
publication (heard and understood at least by a third party) that (d) causes damage (economic
damages; doesn’t have to be, it could even hurt reputation).
Defamation – step 2
Step 2: what type of statement was it?
3 types:
1) libel – written down; no special damages (pecuniary) are required to be proven; didn’t have to
lose $
2) slander – spoken; you say something that everyone can understand; MUST have special harm
($ lost); special damages required
3) slander per se – 4 kinds of statements that are so terrible to someone’s reputation that the
damages are presumed: they are – 1) statement about your pfoession or business; 2) chastity of a
woman; 3) crime of moral turpitude (look for any felony – serious crime); 4) a loathsome disease
(you accuse someone of having an STD and it’s false – damages are presumed) ——————–
no damages need to be proven
Sometimes fact pattern is testing who is being defamed – what’s the issue?
now we get into a public figure versus a
private figure:
Defaming public figure
someone who throws themselves into the public – malice is the standard
– you have to have acted recklessly (malice = RECKLESS); you knew or should have known what
you said was false.
Defaming private figure
standard needed to prove is NEGLIGENCE– you shoulda checked
something and didn’t do so;
Defenses to Defamation
truth is an absolute defense
Other defenses are
privilege – public/govt proceeding has an absolute privilege
highly tested is qualified privilege
you are saying something about a matter that appears
necessary to protect the D’s interest or public’s interest. what does it look like? it’s when you
rquest me to say something about you? A reccomendation/character reference from a boss that
hurts you. Nope, as long as I said something honestly which I reasonably believed was true, I am
protected.
INVASION OF PRIVACY – 4 ways
False light
Appropriation
Public disclosure of a private matter
Intrusion upon seclusion
False Light
you portray someone in false light; portraying someone in a way they are not actually like (false light = not true);
appropriation
unauthorized use
of the P’s name or likeness
for commercial advantage.
Public disclosure of a private matter
taking someone’s private matter and disclosing it to the
public (meaning, there’s an expectation of privacy); if you yourself put your private matters into the
public, just because someone else is going to put it out there, then they are not disclosing anything
because you have no expectation of privacy. If it’s also newsworthy, then you’re not publicly
disclosing anymore.
Intrusion upon seclusion
invading your privacy in a literal place; going through your garbage
etc.
Misrepresentation – 2 types
intentional and negligent
*sometimes they’ll also use words like fraud and deceit
Intentional Misrep
D misrepresent intentionally a material fact that they knew or should have known could be false, with intent to induce reliance; you do rely and it causes you damages (usually money)
Neg. Misrep
there was negligent conduct of a false or misleading statement to someone that I have a special relationship with and you relied on my negligence which caused you damage. (house example about broken roof; think fiduciary relationship)
Tortious Interference with A Contractual Relationship:
A contract exists with a D’s **knowledge and
D intentionally induces one party to breach
causing damage.
–this happens all the time with agents in sports; a competing agent knows there’s a contract, so
he does something to induce athlete to breach like bribing them to breach them – so the other
agent loses money
Malicious Prosecution
starting a criminal proceeding without a probable cause for some other reason than bringing
justice; filing charges for some other reason, like getting revenge
