Torts Rules 5
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Substantial and unreasonable interference with individual's use or enjoyment of property.
- Substantial = offensive, inconvenient, or annoying to the average person in the community
- Unreasonable = injury caused outweighs usefulness of defendant's action
unreasonable interference with a right common
Remedy for nuisance
- Injuction (money damages unavailable or inadequate)
- Abatement (enter land to abate nuisance after giving notice and defendant refuses to act)
Defendant used defamatory language concerning plaintiff and communicated it to a third party who understands its defamatory nature, resulting in damages to plaintiff's reputation.
Communication to third party = intentional or negligent communication
Fault for defamation for:
A) Public figure
B) Private figure
C) Limited public figure
A) Actual malice (knew it was false)
b) Actual malice if it relates to their status as public figure, but negligence if not.
c) Negligence (negligently in not knowing falsity)
(this multiple choice question has been scrambled)
Defenses to Defamation
- judicial proceedings (must be directly to the proceeding)
- legislative proceedings (need not be directly related to the proceeding)
- btwn husband and wife
- required publications
Types of invasion of privacy
Intrusion - into private affairs solitude or seclusion that is objectionable to a reasonable person
False light - attributing to plaintiff views he does not have or actions he did not take
Appropriation - use of picture or name for commercial advantage.
Private Facts - Disclosure of facts that a reasonable person would object to, even if true, unless newsworthy.
NY only recognizes tort of appropriation, which survives death.
False representation of facts defendant knows to be untrue with the itent to induce act or refrain in reliance on the misrepresentation, which causes a justifiable reliance and causes damages.
Can also be the result of negligence (i.e., negligent misrepresentation)
Intentional interference with business relations
Defendant knew of contractual relationship btwn plaintiff and third party and intentionally
interferred with it, resulting in breach of contract that caused damage to plaintiff.
- Inducing breach (known as "inducing a breach of contract" in NY)
- Making performance unreasonably difficult
- Interfering with prospective economic advantage
- Theft of trade secrets (in NY, must prove that a valid trade secret existed that is not commonly known and whose secrecy is preserved that defendent used improper meands to acquire)
Publication of derogatory statements relating to plaintiffs title to his business or quality of business or products, which interferes with or damages plaintiffs business relationships.
Wrongful institution of legal proceedings
Malicious Prosecution - Intentional institution of a legal action without probable cause for an improper purpose where the action is dismissed in favor of the person against whom it was brought.
Abuse of Process - Misuse of the power of the court - use of process for a purpose for which it was not intended.
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