Torts 53-60 Flashcards
Defamation
What are the elements of Defamation?
A false defamatory statement,
Of and concerning the plaintiff made by the defendant,
Publication by a defendant to a third party, AND
Damages.
Priority: HIGH
Defamation
What are the four Slander Per Se categories?
Impugning the business integrity of the plaintiff.
A statement of unchastity about an unmarried woman.
A statement that the plaintiff had/has a loathsome disease.
Attributing a crime of moral turpitude to the plaintiff.
Priority: HIGH
Defamation
Who is deemed a Public Figure?
What heightened standard applies if plaintiff is a Public Figure or Public Official?
Public Figure = Either (a) injected himself into a public controversy; OR (b) having achieved widespread notoriety.
If person is a Public Figure or Official, then a heightened defamation standard applies.
P must also prove: Actual malice – D spoke with recklessness or knowledge of falsity.
Priority: HIGH
Defamation
If plaintiff is a Private Figure on a Matter of Public Concern, what standard applies?
Plaintiff MUST ALSO PROVE:
That the speaker wasnegligent.
Priority: HIGH
Defamation
Qualified Privilege
vs.
Absolute Privilege
Qualified: A defense when the speech serves a socially useful purpose. Speaker must be speaking in good faith AND not be reckless.
Absolute: Defense for defamatory statements made about/by parties in a judicial proceeding.
Priority: HIGH
What are the Invasion of Privacy torts?
Misappropriation of Name or Picture.
False Light.
Intrusion of Privacy.
Public Disclosure of Private Facts.
Priority: n/a
What are the elements of
Misappropriation of Name or Picture?
When defendant:
Uses plaintiff’s name or likeness,
For defendant’s commercial advantage.
*Newsworthiness is a defense.
Priority: Low
What are the elements of False Light?
When defendant:
Causes widespread dissemination,
Of plaintiff’s beliefs, thoughts, or actions,
In a false light,
That would be highly objectionable to a reasonable person.
*If plaintiff is a public figure à must show actual malice.
Priority: Medium
