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14 Cards in this Set
- Front
- Back
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Defamation
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1. Publication
2. of defamatory material 3. to a third party 4. causing damage / harm to rep. 5. w/o consent or priv. |
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Defamation: publication
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1. the negligent or intentional communication of matter to one other than the person defamed
2. co-employee have limited priv. as long as they are acting within the scope of employment |
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Defamation: of defamatory material
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1. false statement that has a tendency to harm the reputation of the P
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Defamation: to a third party
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1. perceives it as defamatory
a. hatred, contempt, or ridicule of a respectable segment of society b. 3rd parties shun or avoid 2. Understands it pertains to the P |
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Defamation: causing damage or harm to rep. (1)
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1. if libel, damages are assumed, as the more permanent harm
a. Per Quod: Libel in which the defamatory meaning is not apparent from the statement on its face, but rather must be proved extrinsic circumstances. Refers to defamation b. Colloquim: ID of P not known, but can be inferred by social fact or circumstances. Refers to P. c. Single Publication Rule: The doctrine that a P in a libel suit against a publisher has only one claim for each mass publication, not a claim for every book or issue in that run. |
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Defamation: causing damage or harm to rep. (2)
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2. If Slander, spoken word or transitory expression:
a. Traditional view: per se (that is, assumed it): 1. Loathsome Disease 2. Crime 3. Adultery (lack of chastity, only applies to women) 4. Trade or profession b. Otherwise, must show actual damages. |
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Defamation: causing damage or harm to rep. (3)
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3. Can also recover money loss, not just hurt feeling.
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Defamation: Defenses
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1.Common Law:
a. Consent ( Re. 538) b. Truth 1. Modern - substantially true 2. Traditional - absolutely true c. Privilege: 1. Private: between spouses 2. Conditional: Duty reciprocal interest, a. need to know only, can't over publish b. must not have knowledge of falsity c. not negligently d. not reckless d. Public or absolute privilege 1. litigation (legal proceedings) a. Judges b. Lawyers c. Agencies & other bodies 2. Government 3. Matrimony 4. Fair e. Fair comment - mostly absorbed into First Amendment 2. Constitutional - First Amendment |
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Invasion of Privacy: Definition(s)
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Four Types
1. Intrusion into Seclusion 2. Public Disclosure of Embarrassing Private Facts 3. False Light 4. Commercial Appropriation or P's name or likeness |
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Invasion of Privacy: (1)
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1. Intrusion into Seclusion:
a. Intrusion, physically or otherwise b. Into P's seclusion (their private space) c. That is highly offensive to a RPP d. causing injury to peace of mind e. w/o consent or priv. |
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Invasion of Privacy: (2) + Defense
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2. Public Disclosure of Embarrassing Private Facts
a. Publicity to others (disclosed and likely to become disclosed to more than one person) b. Disclosing private facts (facts that true and not known to the public, intimate private details of P's life) c. That are offensive to community decency d. w/o consent or priv. Defense: public interest privilege. When facts are about public figure and concern activity or event the public may want to discuss. |
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Invasion of Privacy: (3)
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3. False Light
a. Publicity to others b. Placing P in a false light c. That is highly offensive to an RPP d. Done with Malice (knowing or reckless) e. Causing f. Injury to reputation g. Without consent or privilege |
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Invasion of Privacy: (4)
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4. Commercial Appropriation of P's name or likeness
a. Appropriation of P's name or likeness b. Often, but not absolutely, to D's advantage c. Causing a direct wrong to P's property right d. w/o consent or privilege |
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Intentional Infliction of Emotional Distress
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a. act
b. done with intent c. consisting of extreme & outrageous conduct d. causing severe emotional distress e. w/o consent or privilege |
