Torts - Defamation & Others Flashcards
Defamation
(1) a defamatory statement
(2) of or concerning the plaintiff,
(3) publication, and
(4) harm.
STRICT liability tort
Slander Per Se
Oral Defamation
(1) accusation of crime;
(2) contagious or loathsome disease;
(3) injure profession, trade or business;
(4) impotence or a lack of chastity;
(5) statement that causes actual damage.
Libel
Written and broadcast defamation
Defamation Defenses
(1) Truth
(2) Privilege (Absolute & Qualified)
Absolute Privilege
(1) duty imposed by law on a government official; or in any
(2) legislative proceeding,
(3) judicial proceeding,
(4) in any other official proceeding authorized by law, or
(5) in the initiation or course of any other proceeding authorized by law.
Qualified Privilege
Exists if the statement is made without malice, and to a person interested therein, by one who
(1) is also interested,
(2) stands in such a relation to the person interested as to afford a reasonable ground for supposing the motive for the communication to be innocent, or
(3) is requested by the person interested to give the information.
1st Amendment Defenses to Defamation
(1) Public Official or Figure as P
(2) Private, but matter of public concern
(3) Purely Private Concern
Public Official or Figure as Plaintiff
D can raise 1st amendment
P must then prove
(1) Statement was False AND
(2) Malice (knowledge or reckless disregard)
Private Plaintiff, but Public Concern
P must prove:
(1) Falsity
(2) D made the false statement
- NEGLIGENTLY to obtain actual damages OR
- with malice to recover presumed/punitive damages
Invasion Into Privacy Issues
(1) Intrustion into Seclusion
(2) Public Disclosure of Private Fact
(3) False Light
(4) Appropriation
Intrusion
(1) UNREASONABLY AND SERIOUSLY interferes with seclusion,
(2) conduct would offend person of reasonable sensibilities.
Public Disclosure of Private Fact
(1) public disclosure
(2) of a private fact
(3) that would be offensive and objectionable to the reasonable person
(4) that is not of legitimate public concern.
False Light
(1) publicizes a PRIVATE matter concerning plaintiff
(2) puts P in a FALSE LIGHT
(3) HIGHLY OFFENSIVE to a reasonable person
(4) if it involves a matter of public interest, defendant acted with malice
Appropriation
(1) an appropriation or use
(2) of the plaintiff’s identity
(3) by the defendant
(4) for defendant’s commercial purpose.
Intentional Misrepresentation
(1) False representation concerning a presently existing material fact
(2) that the Defendant either KNEW was false, or made RECKLESSLY
(3) to INDUCE the other party to act on the representation; and
(4) the other party actually RELIES on the representation, and
(5) was thereby induced to his injury
