The flashcards below were created by user
on FreezingBlue Flashcards.
- (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
- When made
- (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
- (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.
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.
- (1) publication
- (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.