Card Set Information
(1) Defamatory statement
(2) that is of or concerning the plaintiff
(3) which is published to a third party who understands its defamatory nature and
(4) damages the plaintiffs reputation.
defamation which is written, printed or recorded.
Only general damages required to be proven.
defamation through speech or gesture.
General damages with concrete harm or slander per se.
Slander per se - four kinds
(1) crime of moral turpitude
(2) unfitness for trade or business
(3) loathsome disease or
(4) severe sexual misconduct.
Damages for Defamation
Actual damages for all, general when the defamation is not a public concern
if true, not actionable
if consented, no action.
Absolute privilege for statements
(1) made in course of judicial or legislative proceedings,
(2) made between husband and wife and
(3) when required publications which cannot be censored (TV/radio).
Conditional privilege as a defense
(1) in interest of defendant,
(2) in interest of recipient, or
(3) affects some important public interest.
Misappropriation of the Right to Publicity
(1) unauthorized use of the image of another
(2) for advantage
(3) without consent
(4) which causes harm.
Unreasonable Intrusion on Plaintiffs Private Affairs
(2) upon the private affairs, solitude or seclusion of another
(3) in a manner objectionable to a reasonable person.
Truth not a defense, but consent is.
Public Disclosure of Public Facts
(1) Publicity to a matter
(2) concerning the private life of another
(3) which is highly offensive to a reasonable person
(4) and not of legitimate concern to the public.
Truth not a defense, but consent is.
(1) false, deceptive, misleading statement
(2) about a material fact
(3) which is justifiably relied upon
(4) and is the cause of plaintiffs damages.
Generally, no duty to disclose material facts unless:
(1) fiduciary relationship,
(2) other party is likely to be misled, or
(3) mistake of basic fact where custom suggests disclosure.
(1) Providing false information to another (2) as a result of negligence in preparing the information.
Requires justifiable relationship with DF or is a known third party beneficiary.
Transaction that the supplier intended to influence.
Intentional Interference with Contract
(1) Defendant knew of contractual relationship between plaintiff and third party,
(2) defendant intentionally interfered with the contract which resulted in a breach, and
(3) breach caused damages to the defendant.
Not at will
Justified if considerations of health, public safety or public morals.
Misappropriation of Trade Secret
(1) plaintiff owns a valid trade secret that is not generally known
(2) and takes reasonable precautions to protect it, and
(3) defendant has taken the secret by improper means.
(2) of a derogatory statement
(3) related to the quality of plaintiffs business or products
(4) that damages business relationship.
Slander of Title
(1) Publication of a false statement
(2) which is derogatory to the title of another
(3) which causes special damages due to diminution of value of the property in the eyes of third parties.
(1) Intentional and malicious pursuit of a legal action
(2) for an improper purposes without probable cause (3) which is dismissed in favor of the person against whom suit is brought.
Prosecutors have absolute immunity.
Abuse of Process
(1) proper for of legal procedure pursued to achieve an ulterior motive
(2) with a willful act perpetrated which is improper in the regular conduct of the proceeding
(3) which causes damages.
Much like defamation except that this deals is half-truths or mistruths which place the plaintiff into a false light.
Public official/figure (Constitution)
Actual malice required, and falsity required as an element of the cause of action.
Matters of public concern (Constitution)
Negligence regarding the falsehood.
Not a matter of public concern
Simple negligence suffices.
Defamation: defamatory language
(1) Language that diminishes esteem, respect or good will towards the plaintiff, or (2) deters others from associating with the plaintiff.
Defamation: Of or concerning the plaintiff
Reasonable person must believe statement referred to the plaintiff, or a reasonable person would understand that the matter referred to a particular member of a group.
Defamation - Publication
Communicated to third party who understands the conduct..
Defamation - falsehood
statement must be false and not opinion unless opinion + implied false facts to support.