1. D must make defamatory statement about P

-affects reputation 

-is NOT subjective opinion

2. Publication of statement

-only needs to be made to a third person

3. Damages 

Does statement has precise meaning that is readily understood?

Can statement be proven true or false?

Context signals opinion or fact

Libel: damages presumed

Slander: 

-per se (about plaintiff's profession, crime of moral turptitude, chastity of woman, loathsome disease) damages presumed

-NOT per se: must offer evidence of economic harm (social or emotional insufficient)

Defamation w/ Matter of Public Concern (significant public importance)

Plaintiff must prove:

Falsity of the Statement

Fault 

-defendant did not make statement with reasonable belief of its truth

*if public figure- knew statement was false OR made recklessly *if private - negligence works

Consent

Truth

Privileges 

1. spouses communicating with each other 

2. officers of the three branches of government (lawyers and witnesses included)

3. Members of the media (if accurate reporting of public proceeding)

Situation where law encourages candor

-letters of recommendation

TWO conditions

1. good faith belief that statement is accurate

2. must confine himself to matters that are relevant

-appropriation

-intrusion

-false light

-disclosure

Defendant uses plaintiff's name or picture for a commercial purpose 

Exception: newsworthiness

Invasion of plaintiff's physical seclusion in a way highly offensive to an average person

-eavesdropping, surveillance, videotaping, peeping

*P has to be in place where there is reasonable expectation of privacy 

Widespread dissemination of confidential information about planitff that would be highly offensive to the average person

financial records, medical records, academic records

newsworthiness exception

1. Misrepresentation of material fact 

-traditional rule: silene --> no fraud (caveat emptor)

2. Must be made intentionally or recklessly

3. Defendant must intend to induce reliance of this particular plaintiff

4. actual and justifiable reliance

5. Damage 

1. civil or criminal proceedings against P

2. terminated in favor of P

3. no probable cause for criminal proceedings/complaint

4. brought for improper purpsoe

5. plaintiff suffers damage (paying to defend him/herself and investment of time)

1. deliberate infliction of economic harm without justification

ELEMENTS: intent to harm without any self-interest (disinterested malevolence), harm to plaintiff (ECONOMIC)

Valid Contract between P+Third party

D aware of contract

D uses persuasion to get third party to abandon contract

Breach of Contract (based on D's persuasion)

No privilege involved (i.e. not an advisory role)