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11 Cards in this Set
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- Back
- 3rd side (hint)
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Defamation
Slander: purely spoken Libel: written* [default] Can't defame a dead person |
Statement must be defamatory [lowers P's reputation in community (respectable society)]
Whether a statement is reasonable is based on whether a reasonable person would find statement defamatory. |
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Facially Defamatory
Inducement: pleading of additional facts to prove defamatory nature Innuendo: plea of defamatory meaning of statement Defamation involves statements of fact, not opinions |
Colloquium: P must prove that reasonable reader/listener must understand statement to concern PGroup defamation: individual member can only bring an individual defamation if group if small (no bright line)
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* Publication: requires means communicated to a third party. If D tells only P, there is no publication.
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Republication: Person who repeats defamatory statement also liable, increases liability of original D if republication intended or reasonably foreseeable.
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Presumed damages at common law: No actual damages needed.
Slander exception: Requires special (economic). If concerns crime of moral turpitude, business misconduct, sexual misconduct, loathsome disease, special damages unnecessary. |
Libel per quod (minority): Writing not facially defamatory requires special damages.
Under common law defamation, truth is defense for D to prove. P not required to prove falsity. |
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Public P's to win defamation must prove by clear/convincing evidence that statement was false, and D acted with malice. Malice means D knew statement was false or acted with reckless disregard of its truth or falsity.
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Government officials & celebs need to prove clear and convincing evidence of falsity and malice in ALL cases
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Limited purpose public plaintiffs must prove clear and convincing evidence of falsity and malice in only defamation cases involving particular public controversy in which they have voluntarily assumed a public role, but not in cases unrelated to particular public controversy.
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"Private person/public concern"- not gov official or celebrity, but CoA involves a matter of public concern. Not required to prove malice, but P must prove D made false statement, and D acted at least negligently. However, PP/PC plaintiff must prove malice to collect punitive damages.
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Consent is defense to defamation.
Absolute privilege: No liability for statements made by one spouse to another; made in judicial proceedings; made by executive branch officials; made by legislators in hearings or floor debates. |
Qualified privilege: Employers and professors giving recommendations, persons reporting crimes, credit bureau reports. Liable only if
1) acted with malice 2) excessive publication or 3) statement unrelated to privilege. |
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Invasion of Privacy [*only actual defense is valid defense]
1) [Mis]Appropriation of P's picture or name for commercial advantage 2) Unreasonable intrusion into P's private affairs or seclusion: Objectionable to reasonable person. No communication to a third person is needed. |
3) [Very] Public disclosure of private facts about P (reasonable person). Facts are true, not generally known about P; not part of any public record; not of legitimate public interest.
4) False Light: false attribution of belief/action which reasonable person would find objectionable that's publicized in very public way. Prove malice. |
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Deceit-Fraudulent Misrepresentation
Misrepresentation of material fact: 1) Generally, opinions/silence can't be basis. 2) Can be based on opinion by an expert; silence if there's fiduciary duty; duty to correct earlier misinformation. |
D must have scienter (intent to deceive or reckless disregard of truth).
Generally, no transferred intent. Only proper P's are those D intends to deceive or could reasonably foresee would rely on statement. P must prove reasonable reliance and actual damages. |
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Negligent Misrepresentation (rare!)
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Misrepresentation of fact from D's negligence. Covers only D's misrepresentations from D's business/prof (*accountants, surveyors).
Only persons that D knew would rely on D's statement are proper Ps. P must prove reasonable reliance and actual damages. |
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Tortious Interference with Contract
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- P must prove P had a valid contract with T that D knew about; D intentionally interfered with the contract; and P suffered actual damages.
- Interference with a K at will or prospective K is actionable only if D used wrongful tactics (violence) |
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