Term
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Definition
1. Defamatory assertion of facts
2. Publication requirement (3rd person)
3. P's reputation must be injured |
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Term
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Definition
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Term
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Definition
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Term
| Slander and Libel Per Se include: |
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Definition
1. Statements questioning plaintiff’s competence in his or her trade or profession
2. Statements that plaintiff currently has a loathsome disease
3. Allegations of criminal behavior of moral turpitude
4. Lack of chastity |
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Term
| Defamation Defenses (Basic) |
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Definition
1. Substantial truth. In many jurisdictions and in all cases with public figure plaintiffs, falsity is an element of plaintiff’s case, and plaintiff must also show negligence or worse by the defendant.
2. Privilege, as with legislative debate, statements in court |
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Term
| Defamation Defenses (Public Issue) |
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Definition
1. For public officials and all-purpose public figures, plaintiff must show actual malice, defined as falsity and either knowledge or reckless disregard of truth.
2. For damages for private figures on matters involving public concern, cannot have strict liability, and must have actual malice for general damages or punitive damages. |
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Term
| Traditional Joint and Several Liability |
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Definition
Collect full damage from any liable defendant, who typically can then claim against others
i. Plaintiff can recover entire amount from either of the two defendants or some combination of both (usually the one from whom it was easier to collect the entire award) Burden of pursuing other potential tortfeasors on the Δ.
ii. If 2 Δ’s but 1 is insolvent, Π can get all $ from other Δ.
iii. Δ’s equally responsible-so if Δ1 paid P full $50,000, D1 could recoup $25,000 from Δ2 |
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Term
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Definition
i. Defendants liable only for their % of injury.
a. Usually not a big deal unless one of them can’t be collected against and then it becomes problem because plaintiff can’t collect entire amount.
ii. Problem: insolvency of one or more co-defendants (some let the amount fall on Π, or let it fall on solvent Δ, or split it bet both sides) |
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Term
| Modified Several Liability |
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Definition
4. Modified several liability
i. If one of the defendants cannot pay because of insolvency (i.e. – b/c they have no money), you may recover from the other defendants who are more than 25% liable as long as the damages are non-economic (such as emotional distress and pain and suffering)
ii. IL uses combination of Joint and Several and Several Liability.
Ill. separates the nature of the harm like non-economic damages. |
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