Advanced Torts

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Author:
eastmabl
ID:
305399
Filename:
Advanced Torts
Updated:
2015-07-21 15:40:22
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  1. Defamation
    • (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 plaintiff’s reputation.
  2. Libel –
    • defamation which is written, printed or recorded.
    • Only general damages required to be proven.
  3. Slander –
    • defamation through speech or gesture.
    • General damages with concrete harm or slander per se.
  4. Slander per se - four kinds
    • (1) crime of moral turpitude
    • (2) unfitness for trade or business
    • (3) loathsome disease or
    • (4) severe sexual misconduct.
  5. Damages for Defamation
    Actual damages for all, general when the defamation is not a public concern
  6. Truth
    if true, not actionable
  7. Consent –
    if consented, no action.
  8. 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).
  9. Conditional privilege as a defense
    • When made
    • (1) in interest of defendant,
    • (2) in interest of recipient, or
    • (3) affects some important public interest.
  10. Misappropriation of the Right to Publicity
    • (1) unauthorized use of the image of another
    • (2) for advantage
    • (3) without consent
    • (4) which causes harm.
  11. Unreasonable Intrusion on Plaintiff’s Private Affairs
    • (1) intrusion
    • (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.
  12. 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.
  13. Intentional Misrepresentation
    • (1) false, deceptive, misleading statement
    • (2) about a material fact
    • (3) which is justifiably relied upon
    • (4) and is the cause of plaintiff’s 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.
  14. Negligent Misrepresentation
    • (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.
  15. 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.
  16. 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.
  17. Trade Libel
    • (1) publication
    • (2) of a derogatory statement
    • (3) related to the quality of plaintiff’s business or products
    • (4) that damages business relationship.
  18. 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.
  19. Malicious Prosecution
    • (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.
  20. 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.
  21. False Light
    Much like defamation except that this deals is half-truths or mistruths which place the plaintiff into a false light.
  22. Public official/figure (Constitution)
    Actual malice required, and falsity required as an element of the cause of action.
  23. Matters of public concern (Constitution)
    Negligence regarding the falsehood.
  24. Not a matter of public concern
    Simple negligence suffices.
  25. Defamation: defamatory language
    (1) Language that diminishes esteem, respect or good will towards the plaintiff, or (2) deters others from associating with the plaintiff.
  26. 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.
  27. Defamation - Publication
    Communicated to third party who understands the conduct..
  28. Defamation - falsehood
    statement must be false and not opinion unless opinion + implied false facts to support.

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