Torts

Question 1

Defamation

Answer 1

defendant (i) makes a defamatory statement about a person, (ii) to a third party, (iii) the statement is false, and (iv) the plaintiff is damaged by the statement

Question 2

Special Requirement For Defamation of a Public Official

Answer 2

a showing of actual malice—actual knowledge of the falsity of the statement or reckless disregard for the truth

Question 3

IIED

Answer 3

Intentional infliction of emotional distress requires proof the defendant intentionally or recklessly engaged in extreme or outrageous conduct that caused the plaintiff severe emotional distress

Question 4

invasion of privacy

Answer 4

To recover, the plaintiff must show that (i) the defendant gave publicity to a matter concerning the private life of another; and (ii) the matter publicized is of a kind that would be highly offensive to a reasonable person and is not of legitimate concern to the public. To give publicity, the information must be communicated at large or to so many people that it is substantially certain to become one of public knowledge.