Other Torts Flashcards
Intrusion into Seclusion
D unreasonably intrudes into P’s seclusion (zone of privacy).
Intrusion must be highly objectionable to a reasonable person.
Damages include compensatory damages (e.g. mental distress) and if bad enough, punitive damages.
Commercial Appropriation of Likeness or Identity
Unauthorized use of P’s name, voice, or likeness for D’s commercial advantage.
Newsworthy purpose of P’s likeness or identity is exempt.
Public Disclosure of Private True Facts
P must prove:
Disclosure of private facts that is highly offensive to a reasonable person and is not newsworthy.
Needs to be fairly short period of time ago.
Ned some sort of publication/dissemination.
Injunction is possible because the info is true.
If D gets info from public records, not liable for sharing that info.
Portrayal in False Light
D publishes matters portraying P in a false light (i.e. attributing views P does not hold or attributing actions to P that P did not take).
P must show:
Publication + divulging of false info that is highly offensive to a reasonable person + some level of fault (parallel to defamation rules).
Malicious Prosecution
Criminal proceedings instituted by D for an improper purpose and without probable cause, that terminate favorably for P and cause P damages (P must prevail on the merits).
Elements of Intentional Misrepresentation
(1) Intentional material misrepresentation by D; [D must intend P (or class of persons to which P belongs) to rely]
(2) of past or present fact;
(3) Made with knowledge;
[Scienter present when D knew statement was false or was reckless as to veracity]
AND
(4) On which P justifiably relies to P’s economic detriment.
Can failure to disclose rise to the level of an intentional misrepresentation?
Generally not enough UNLESS:
+ fiduciary relationship
+ ambiguous/misleading statement that causes reliance
+ D makes assertion, believe it’s true, then discovers it was false and fails to disclose
+ D makes false assertion not intending reliance but discovers P relied
+ P reasonably expects there would be disclosure.
Negligent Misrepresentation
D has no duty to avoid negligent infliction of pure economic loss.
EXCEPT:
+ When there is a special relationship, like a fiduciary duty, or if D knows that they are acting for the benefit of a third party, and they rely and suffer economic loss
+ If D knows that they are acting for the benefit of a third party and the third party relies and suffers economic loss.
Interference with Prospective Economic Advantage
Protects “expectancy” interests of future contract relations of a party.
P can prevail only by showing that D:
+ knew of prospective economic advantage
AND
+ acted to interfere with it for improper motives [D Can act to protect own competitive interests]
Injurious Falsehood
P must prove:
+ False statement
+ actual malice, or D knew statement was false or recklessly disregarded veracity
+ made to another or published
+ causing specific economic injury to P.
NOT about reputational harm but about economic loss.
Vicarious Liability - Employer/employee
Employer is liable for injures caused by the negligence, or strict liability, of an employee if it occurred within the scope of the employment.
Employer can be directly liable for negligent hiring.
Intentional torts by employees are generally outside the scope of employment.
However, if an employee uses force, even misguidedly, wholly or partly to further employer’s purpose, may fall within the scope of employment, resulting in vicarious liability for employer.
Vicarious liability - independent contractor
D is NOT liable for torts committed by independent contractors because D has no right to control the performance of ind. contractors.
Vicarious liability - parent/child
Parents are not generally vicariously liable for torts committed by their child, absent a statute saying otherwise.
Parents CAN be held liable for their own negligence, negligent supervision, or entrustment.
