Term
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Definition
1) unreasonable interference with the public health, safety, and morals of the community
2) Brought by attorney general unless P suffered injury distinct from the rest of the public |
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Term
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Definition
| 1) Substantial and Unreasonable interference with P's use and enjoyment of the land |
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Term
| Factors for Determining "Substantial and Unreasonable" |
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Definition
1) Value of D's activity
2) Alternatives
3) Nature of the Locality
4) Extent of P's injury
5) First in Time |
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Term
| To get an injunction for Nuisance: |
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Definition
P must show
1) is suffering or will suffer irreparable harm
2) money damages are an inadequate remedy |
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Term
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Definition
| False, reputational speech, causing harm |
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Term
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Definition
1) Defamatory Message
2) Publication
3) Damages |
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Term
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Definition
1)Subjects someone to scorn or ridicule or deters others from associating with him, causing reputational harm
2) Must be a statement capable of being believed to be true
3) pure opinion cannot be defamatory, must be capable of being proved true or false
4) Must be defamatory in the eyes of a reputable group... not Hillsborough Baptist Church |
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Term
| When the P is not named in the defamatory statement? |
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Definition
1) Must allege that it is of or concerning him
2) Groups: only with small ones, do the individuals have actions |
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Term
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Definition
Communication to at least one other person besides the P, and they both heard and understood it
Also, all republishers are liable |
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Term
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Definition
Slander is spoken, and you must prove special damages unless falls into slander per se
Libel is anything with permanence (including audio tapes), but usually a writing, and reputational harm is presumed |
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Term
| Slander Per Se Categories |
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Definition
Crime of Moral Turpitude
Current Loathsome disease
Unfit to perform his profession
Unchastity (usually in a woman, but sometimes in a man) |
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Term
| Common Law Privileges for Defamation |
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Definition
Truth (used to be affirmative defense, now P has to prove false)
Absolute privilege
Qualified Privilege |
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Term
| Absolute Privileges for Defamation |
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Definition
1) statements between spouses
2) Floor of Legislature
3) During Court Proceedings
4) High ranking executive officials
...privilege does not apply if repeated outside these areas |
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Term
| Qualified Privilege for Defamation |
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Definition
| If the circumstances induce a correct or reasonable belief that (1) there is information that affects a substantial interest of the publisher, and 2) the recipients knowledge of the defamatory matter will be of service in the lawful protection of the interest |
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Term
| Public Figure or Public Official |
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Definition
| Must show actual malice (knew it was false or recklessly disregarded truth or falsity, that is, entertained doubts) |
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Term
| Private Figure, Public Concern |
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Definition
P must prove actual damages. SC has not given a standard of proof, so most states go with negligence
BUT, if presumed or punitive damages, then actual malice must be proven |
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Term
| Private Figure, Private Concern |
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Definition
| Unsettled area of law, but definitely doesn't have to prove actual malice. |
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Term
| Types of Invasion of Privacy |
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Definition
1) Intrusion on Seclusion (intentional, zone of privacy)
2) Commercial Appropriation (all about money)
3) Public Disclosure of Private Facts (highly offensive, not newsworthy)
4) False Light (highly offensive to reasonable person)
3) |
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Term
| Fault level for Invasion of Privacy? |
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Definition
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Term
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Definition
D is not part of the court system
Improper Motive
No PC
Begins Crim Proceeding, and P wins |
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Term
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Definition
| D intentional misuses civil process for ulterior motive |
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Term
| Intentional Misrepresentation |
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Definition
1) Intentional Misrepresentation
2) Material Fact (past or present)
3) Scienter
4) on which P justifiably relies |
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Term
| Failure to disclose doesn't fly for Intentional Misrepresentation unless: |
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Definition
1) Fiduciary Relationship
2) Ambiguous or misleading statement
3) D makes a statement believing it's true, then fails to remedy when learns it's false
4) D makes a statement not intending reliance, then learns P is relying
5) P reasonably expects disclosure |
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Term
| Mental State for Intentional Misrepresentation |
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Definition
D intends P to rely
Scienter is present when: D knows falsity, or is reckless as to truth or falsity |
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Term
| Negligent Misrepresentation |
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Definition
| D has no duty to avoid the negligent infliction of pure economic loss UNLESS there is a special relationship like lawyer/client |
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Term
| 3rd party recovery for economic torts |
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Definition
If D knows they are acting for the benefit of the 3rd party, and the 3rd party reasonably relies
*lawyer client, usually only in case of wills |
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Term
| Interference with contractual relationships |
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Definition
1) D knows of K with 3rd party
2) acts with purpose of breaching or making it more difficult to perform |
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Term
| Interference with Prospective Economic Advantage |
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Definition
1) D knew of prospective economic advantage
2) Acted to interfere with it for improper motives
*Privilege Defense of Competition exists |
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Term
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Definition
1) False Statemetn
2) Actual Malice
3) Published
4) Specific Economic Injury to P |
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