torts 2 lecture 13 Non-Constitutional Defenses

Question 1

Burden of Proof

Answer 1

Is truth an absolute defense?
Or does plaintiff have the burden of proving that the statements are false?
Auvil court affirmed the granting of summary judgment for defendant because plaintiffs failed to prove the falsity of any statement (or message).

The “conventional view” (note 2, p. 978)
The prima facie case in defamation does not require a showing that the statement published is false.
Stay tuned for Phila. Newspapers v. Hepps (US 1986), p. 1026
The burden of proving falsity rests on the plaintiff.

Question 2

The communications/publications

Answer 2

1. Browne, the company’s manager, wrote a letter to the defendant director about plaintiff’s behavior.
2. Defendant sent Browne’s letter to Singer, the chairman of the board of directors of the company.
3. Defendant showed letter to plaintiff’s wife.
   Wife left plaintiff.
   Wife began suit for divorce.

Question 3

privilege

Answer 3

Is there a duty–legal, moral, or social–to communicate?
What is the standard?
The view of the “great mass of right-minded men.”
What is the duty?
Duty to communicate to . . .
. . . a person who has a material interest in receiving the information.

Question 4

qualified privilege

Answer 4

Communication between director and chairman of the board
Communication between director and manager
Employment privilege
A duty to communicate to a person with the interest to receive

Question 5

Credit Reports

Answer 5

The majority view
Credit reports are “conditionally” privileged
“Those about to engage in a commercial transaction like to know something about the persons with whom they are dealing. . . .”
Shore v. Retailers Commercial Agency (Mass. 1961), note 2, p. 987
Stay tuned for Dun & Bradstreet v. Greenmoss Builders, p. 1024 . . . .

Question 6

How far does the privilege extend?

Answer 6

To communications between an attorney and his client
In the examination of witnesses by counsel
In statements made by counsel to the court or jury

Question 7

privilege limits

Answer 7

The privilege does not extend to:
extrajudicial publications, related to the litigation, which are made outside the purview of the judicial proceeding
actionable words spoken before persons in no way connected with the proceeding.