Term
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Definition
1) Defamatory language
2) Concerning plaintiff
3) Published to 3d party who understands its nature
4) Falsity
5) Fault |
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Term
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Definition
| Language that diminishes respect, esteem, or deters others from association. |
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Term
| Intent requirement for publication to 3rd party |
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Definition
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Term
| Is there liability for republication of defamatory statement? |
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Definition
| Yes, even if he identifies the sources and expresses lack of knowledge of truth |
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Term
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Definition
| Government employee with substantial control or candidate for office |
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Term
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Definition
| Has persuasive power and influence in society or thrust themselves to forefront of public controversy |
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Term
| Burden of truth in defamation |
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Definition
| If pubic person and public concern, P must prove falsehood. No burden if private or private concern. D can always prove truth. |
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Term
| Opinions actionable as defamation? |
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Definition
| Only if opinion implies knowledge of facts |
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Term
| Levels of fault in defamation |
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Definition
1) Public figure, public concern - actual malice (knowledge or reckless disregard)
2) Private person, public concern - negligence or malice
3) Private person, private matter - At common law, no fault. Most states require negligence. |
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Term
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Definition
No need to prove special damages if:
1) Committed a crime
2) Conduct reflecting poorly on trade
3) Loathsome disease
4) Sexual misconduct |
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Term
| Damages arising from defamation |
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Definition
Public person+matter - Actual only
Private person, public matter - Actual, but general if malice
Private person + matter - General |
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Term
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Definition
Absolute: court, legislative, spouses, required publication
Qualified: Interest of publisher, interest of recipient, public interest |
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Term
| Misappropriation of right to publicity |
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Definition
| Use of name likeness, or identity |
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Term
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Definition
| Intrude into private affairs to degree objectionable to reasonable person. No publication required. |
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Term
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Definition
1) Published facts
2) Placed plaintiff in false light
3) Would be highly offensive to reasonable person
Actual malice required. Actual falsity not required, just misleading presentation. |
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Term
| Public disclosure of private facts |
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Definition
1) Publicity of matter concerning private life
2) Would be highly offensive to reasonable person
3) Not of public concern
4) Needs broader publication than defamation |
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Term
| Damages for privacy torts |
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Definition
| No special damages needed |
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Term
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Definition
1) Does not occur in the absence of negligence
2) Instrumentality within the exclusive control of the defendant
3) Not due to any action on the part of the plaintiff. |
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Term
| Which defendants are strictly liable for product defects |
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Definition
| In the business of selling |
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Term
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Definition
1) Harmful or offensive contract with person of another
2) With intent to cause such contact or apprehension |
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Term
| Definition of "intent" in intentional torts |
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Definition
1) Acts with purpose of causing result
2) Substantially certain result will occur |
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Term
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Definition
| Act causing plaintiff's reasonable apprehension of imminent harmful or offensive contact. |
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Term
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Definition
| Intentional or reckless, extreme or outrageous conduct causing plaintiff severe emotional distress. |
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Term
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Definition
(1) Intentionally restraining another person within boundaries
(2) Other person is aware of it |
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Term
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Definition
| Intentional interference with plaintiff's right of possession |
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Term
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Definition
| Intentional interference so serious to deprive plaintiff of use of chattel |
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Term
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Definition
| Intentional act causing physical invasion of land |
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Term
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Definition
| Substantial and unreasonable interference with plaintiff's use and enjoyment of property |
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Term
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Definition
| Conduct that falls below degree of ordinary care imposed by law to protect others |
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Term
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Definition
1) Duty
2) Breach
3) Causation
4) Damages |
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Term
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Definition
To all foreseeable persons who may foreseeably be injured by failure to act with reasonable care.
"Foreseeable plaintiff":
Cardozo view: Member of class who may be foreseeably harmed
Andrews view: If anyone can be harmed, then duty to everyone |
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Term
| When negligence per se applicable |
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Definition
1) Plaintiff in class protected by statute
2) Harm is type statute intended to protect |
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Term
| Attractive nuisance factors |
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Definition
1) D knows or should know of risk of trespass
2) Burden of eliminating slight compared to risk of harm |
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Term
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Definition
Allows trier of fact to infer existence of breach of duty
Elements:
1) Accident of type ordinarily does not occur without negligence
2) Caused by instrument within exclusive control of D
3) Not caused by P |
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Term
| Mnemonic for strict liability |
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Definition
DAD
Dangerous activities
Animals
Defective/dangerous products |
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Term
| Elements of product liability |
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Definition
1) Was defective in design, manufacture, warning
2) Defect existed when product left hands of D |
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Term
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Definition
1) Consumer expectation
2) Risk-utility |
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Term
| Intentional misrepresentation |
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Definition
1) False representation
2) Knowledge or reckless disregard for truth
3) Intent to induce
4) Actual justifiable reliance |
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Term
| Negligent misrepresentation |
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Definition
| D (accounting firm) negligently provides false information that is justifiably relied on. P must be in contract or member of known limited beneficiary group. |
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Term
| Intentional interference with contract |
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Definition
1) D knew of valid K relationship
2) Intentionally interfered exceeding fair competition and free expression
3) Resulted in breach |
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Term
| Interference with prospective economic advantage |
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Definition
| Same as interference with K but no contract and more egregious conduct required |
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Term
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Definition
1) P owns secret
2) Not generally known
3) P takes reasonable steps
4) D takes it wrongfully |
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Term
| Requirement of physical injury in emotional torts |
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Definition
1) Physical injury - parasitic damage
2) NIED - Physical injury required
3) IIED - No requirement unless 3d party not close family |
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