Torts - Defamation/Miscellaneous

Question 1

4 Elements to Prove in Defamation if not public concern

Answer 1

D P P D
1) Defamatory language
2) Of or concerning P
3) Publication
4) Damage to P’s reputation (may or may not be presumed)

Question 2

What is libel and are damages presumed?

Answer 2

Any comm’n that has some permanence. Yes. General damages presumed

Question 3

What is slander and what does it require for damages?

Answer 3

Spoken, oral defamation. P must prove special (pecuniary) damages, unless slander per se

Question 4

Examples of slander per se where P need not prove pecuniary damages for libel

Answer 4

Improper conduct in P’s trade
Crime involving moral turpitude
Loathsome disease
Lack of chastity

Question 5

2 Elements to Prove if Defamation Claim Involved Public Concern

Answer 5

Falsity AND
Fault of D

Fault of D:
1. If P is public figure, P must show malice
2. IF P is private person, P only need prove negligence regarding falsity and actual injury

Question 6

3 Defenses to Defamation

Answer 6

1. Qualified Privilege: Comm’n that appears reasonably necessary to protect D’s own legit. interest or is of interest to recipient
2. Truth
3. Absolute Privilege:

Question 7

Examples of Absolute Privilege

Answer 7

Statements made by legislator or aides on floor, between fed. exec. officials, judicial proceedings, comm’n between spouses

Question 8

Private Nuisance

Answer 8

Substantial and unreasonable interference with P’s use and enjoyment of possessed land by intentional, negligent or abnormally dangerous conduct

Question 9

Substantial in private nuisance

Answer 9

Offensive, inconvenient or annoying to an average person in the community

Question 10

Unreasonable in private nuisance

Answer 10

Severity of injury > utility of D’s conduct

Question 11

Public nuisance

Answer 11

Unreasonable interference with a health, safety, moral right common to the general public

Question 12

Commercial appropriation

Answer 12

Unauthorized use of P’s picture or name for D’s commercial purpose.

P need not be identified by name so long as clear that the ad is meant to depict that person

Question 13

Intrusion into seclusion

Answer 13

D intentionally interferes with P’s zone of privacy in a manner offensive to reasonable person (for example, eavesdropping, wiretapping, stalking)

Question 14

Public disclosure of private true facts

Answer 14

Disclosure of true facts that 1) would be highly offensive to a reasonable person and 2) is not a newsworthy

Question 15

Portrayal in a false light

Answer 15

Publication of false information that would be highly offensive to a reasonable person.