Quiz 8 Content (Test 2)

Question 1

Tort of Defamation: Facet 1

Answer 1

1) Δ made a statement of fact which a reasonable person would find harmful to their reputation
2) statement was published to a 3rd party (shared with at least 1 other)
3) the statement was false (the truth is NOT defamatory)
4) π’s reputation suffered as a result of the statement (NOT opinions)
5) if π is a public figure: Δ made the statement with “actual malice” (harder to prove because they put themselves out there and can easily counter false statements with press since they have more power)
- defamation per se (by itself): don’t always have to prove all, automatically defamation in these statutes: a) crime of moral turpitude/despicable crimes (rape, steal), b) indicating “loathsome disease” (STD) c) any statement that is negative about a person’s job functions/abilities to do the job

Question 2

Tort of Defamation: Facet 2

Answer 2

1) truth (thought it was true, made in good faith)
2) privilege (immune from liability if you have: absolute, qualified, constitutional)
3) opinion
4) consent (give 3rd party permission to investigate you)
5) fed statutory protections (Communications Decency Act = grants immunity to internet service providers for contributory defamation)

Question 3

absolute privilege (immune from liability of defamation)

Answer 3

• protects Δ regardless of their intent/motive
• judicial proceedings
• members of congress on the floor (want them to speak freely for their job)
• certain executive officers while performing governmental duties
• between spouses (“pillow talk”)
• political ads

Question 4

qualified privilege (immune from liability of defamation)

Answer 4

• allows people to make certain statements when might be considered defamatory in other situations, but because of the unique nature of the situation, immune under these conditions (have to prove ALL 4 to claim):
  1) made w/ good faith
  2) serves a legitimate biz interest
  3) made only in a proper occasion
  4) it’s made only to persons w/ legitimate common interest in hearing the statement
• ex: doctor sharing wrong patient’s chart with residents saying they have STD

Question 5

constitutional privilege (immune from liability of defamation)

Answer 5

• your 1stA right to free speech
• what most news co’s argue

Question 6

Tort of Defamation: Facet 3

Answer 6

CPE

Question 7

Tort of Trespass: Facet 1

Answer 7

• only tort where you do NOT have to prove all, only need 1
  1) intentionally enters/remains on land in the possession of another (doesn’t matter if you know it’s trespassing, mistake is NOT a defense, staying after being asked to leave, committing an unauthorized act after entry)
  2) causes a thing/3rd person to do so (ex: throwing a ball and your dog runs after it into neighbors yard, pushing friend off sidewalk into someone’s yard)
  3) fails to remove from the land a thing that he is under a duty to remove (ex: leaving something in your apt after lease ends)

Question 8

Tort of Trespass: Facet 2

Answer 8

1) express consent
2) implied consent (law presumes from landowner’s conduct/circumstances that there was consent)
3) emergency (always a defense)
4) SoL = 5-15 years (depends on state)
5) ResJ

Question 9

Tort of Trespass: Facet 3

Answer 9

CPE

Question 10

Nuisance

Answer 10

a non-possessory invasion, use on one’s own land that affects the rights of other landowners to the quiet enjoyment of their property
- not just an annoyance, must be severe
- determining what is a nuisance: an interference w/ a physical condition, comfort/convenience/health of a landowner, interference w/ mental tranquility

Question 11

Tort of Nuisance: Facet 1

Answer 11

1) Δ intentionally, negligently, or recklessly interfered with π’s use and enjoyment of their land or continued her conduct after learning of actual harm/substantial risk of future harm to π’s interest
2) there has been a substantial interference with π’s interest
3) it is unreasonable for π to bear it or to bear it without compensation

Question 12

Tort of Nuisance: Facet 2

Answer 12

• zoning laws = have the right to do it bc you’re living on the property that has that right (if you live in a certain zone, can’t sue for nuisance), ex: living in a town’s agricultural zone & can’t sue for pig smell
• π “came to nuisance” (not fair to move to nuisance then stop it if you knew of it before, ex: can’t move to a college town & complain of noise)

Question 13

Tort of Nuisance: Facet 3

Answer 13

• CPE
• self help: abatement = privilege requiring notice the Δ that there is a nuisance which is actually on your property, and Δ fails to act, don’t have to wait for them to do it, can do it yourself then make them pay as long as you notify them 1st (exception: emergency)

Question 14

trespass v nuisance

Answer 14

• trespass: Δ physically goes onto π property
• nuisance: Δ never goes onto π property, about what Δ does on their own property that affects π

Question 15

Tort of Conversion: Facet 1

Answer 15

• have to prove injury (where possession was wrongful, or became wrongful) & that you asked for it back
  1) the π owns/has the right to possess the personal property in question at the time of the interference
  2) the Δ intentionally interfered with the π’s personal property
  3) the interference deprived the π of possession or use of the personal property in question
  4) the interference caused damages to the π

Question 16

Tort of Conversion: Facet 2

Answer 16

consent

Question 17

Tort of Conversion: Facet 3

Answer 17

CPE

Question 18

real property

Answer 18

• land & anything attached to it permanently
• torts: trespass & nuisance

Question 19

personal property

Answer 19

• movable, any other property that’s not real
• tort: conversion (stealing)

Question 20

Tort of Fraud: Facet 1

Answer 20

• has its OWN standard proof (“by clear & convincing evidence” ~80%)
  1) misrepresentation of a material fact (exceptions: OPINION, NONDISCLOSURE [can’t be silent when: statutory duty to disclose, i.e. selling home… fiduciary duty, i.e. couple not disclosing finances… half-truths], PROMISES [unless it’s made knowing it’s false, misdemeanor so it IS fraud)
  2) scienter = knowledge of the falsity by the Δ, Δ made it w/ intent to deceive (exception: easier to prove fraud for accountants, State St Bank v Ernest NYC = judge reduced level of fault from intent to reckless)
  3) reasonable reliance by the π (on the statements made by the Δ): would a reasonable person have relied on the statement? did π know of the misrepresentation? (but if victim not directly involved, they won’t know, so court made exception: 3rd party beneficiary)
  4) injury to the π (financially), must show it
  5) causation of injury (have to make a connection)

Question 21

Tort of Fraud: Facet 2

Answer 21

• ResJ
• SoL = 2 years

Question 22

Tort of Fraud: Facet 3

Answer 22

CPE

Question 23

what are the 4 Torts of Invasion of Privacy?

Answer 23

• intrusion upon seclusion/solitude, or into private affairs
• public disclosure of embarrassing private facts
• false light
• appropriation of name/likeliness
  *for all 4: ResJ & SoL = 2 years

Question 24

Intrusion (Tort of Invasion): Facet 1

Answer 24

1) Δ intentionally intruded/invaded, physically or otherwise, upon the solitude or seclusion of the π or his private affairs or concerns
2) the intrusion would be highly offensive to a reasonable person
- not about what you do w/ the info, all that matters is that they looked at it/the act (doesn’t matter if they didn’t show others)

Question 25

Intrusion (Tort of Invasion): Facet 2

Answer 25

• public space
• consent
• ResJ
• SoL = 2 years

Question 26

Intrusion (Tort of Invasion): Facet 3

Answer 26

CPE

Question 27

Appropriation (Tort of Invasion): Facet 1

Answer 27

1) use of someone’s name, likeness, identify or photograph for trade or advertising (commercial use, for $) w/o consent
2) private v public figure rights:
private = PERSONAL right to be left alone, must be MENTAL HARM (embarrassed), right dies w/ ind
public = PROPERTY right (to profit), MONETARY HARM, may be inherited/transferred (right doesn’t die) as long as that public figure still brings $

Question 28

Appropriation (Tort of Invasion): Facet 2

Answer 28

• newsworthiness (allowed if just a pic of celeb, but not allowed if it’s an article written about them)
• consent
• parody & satire (i.e. SNL)
• ResJ
• SoL = 2 years

Question 29

Appropriation (Tort of Invasion): Facet 3

Answer 29

CPE

Question 30

False Light (Tort of Invasion): Facet 1

Answer 30

1) attributing characteristics, conduct, or beliefs that are false, and that are highly offensive to π
2) required: publicity (100s see)
- ex: false name on a list, your stock photo is used on an offensive article, being presented in a false light

Question 31

False Light (Tort of Invasion): Facet 2

Answer 31

• truth
• ind was not identifiable
• ResJ
• SoL = 2 years

Question 32

False Light (Tort of Invasion): Facet 3

Answer 32

CPE

Question 33

defamation v false light

Answer 33

DAMAGE:
- defamation = harm to reputation
- false light = mental harm
PUBLICATION/PUBLICITY:
- defamation = requires publication, shared w/ just 1
- false light = requires publicity, 100s

Question 34

Public Disclosure of Embarrassing Private Facts (Tort of Invasion): Facet 1

Answer 34

1) the public disclosure of TRUE private facts
2) the matter made public is so intimate that publication outrages the public’s sense of decency
3) and the matter is not of concern to public
*publicity is very easy to prove when it’s email/text because you can easily share w/ hundreds, which is a critical element to prove
Requires publicity (100s)!!

Question 35

Public Disclosure of Embarrassing Private Facts (Tort of Invasion): Facet 2

Answer 35

• newsworthiness
• consent
• doesn’t outrage community notions of decency
• event took place in public

Question 36

Public Disclosure of Embarrassing Private Facts (Tort of Invasion): Facet 3

Answer 36

CPE

Question 37

Wrongful Interference w/ a K Relationship: Facet 1

Answer 37

1) a valid, enforceable contract b/w 2 parties
2) a 3rd party’s knowledge of the contract
3) the 3rd parties intentionally causing either of the 2 parties to break the contract

Question 38

Wrongful Interference w/ a K Relationship: Facet 2

Answer 38

• privileged interference = times when you have a right to interfere (ex: Non Compete clause 2 years, employee K’s w/ working for co’s they compete w/)

Question 39

Wrongful Interference w/ a K Relationship: Facet 3

Answer 39

CPE