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11 Cards in this Set

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Defamation

Slander: purely spoken
Libel: written* [default]

Can't defame a dead person
Statement must be defamatory [lowers P's reputation in community (respectable society)]

Whether a statement is reasonable is based on whether a reasonable person would find statement defamatory.
Facially Defamatory

Inducement: pleading of additional facts to prove defamatory nature
Innuendo: plea of defamatory meaning of statement

Defamation involves statements of fact, not opinions
Colloquium: P must prove that reasonable reader/listener must understand statement to concern PGroup defamation: individual member can only bring an individual defamation if group if small (no bright line)
* Publication: requires means communicated to a third party. If D tells only P, there is no publication.
Republication: Person who repeats defamatory statement also liable, increases liability of original D if republication intended or reasonably foreseeable.
Presumed damages at common law: No actual damages needed.

Slander exception: Requires special (economic). If concerns crime of moral turpitude, business misconduct, sexual misconduct, loathsome disease, special damages unnecessary.
Libel per quod (minority): Writing not facially defamatory requires special damages.

Under common law defamation, truth is defense for D to prove. P not required to prove falsity.

Public P's to win defamation must prove by clear/convincing evidence that statement was false, and D acted with malice. Malice means D knew statement was false or acted with reckless disregard of its truth or falsity.
Government officials & celebs need to prove clear and convincing evidence of falsity and malice in ALL cases
Limited purpose public plaintiffs must prove clear and convincing evidence of falsity and malice in only defamation cases involving particular public controversy in which they have voluntarily assumed a public role, but not in cases unrelated to particular public controversy.
"Private person/public concern"- not gov official or celebrity, but CoA involves a matter of public concern. Not required to prove malice, but P must prove D made false statement, and D acted at least negligently. However, PP/PC plaintiff must prove malice to collect punitive damages.
Consent is defense to defamation.

Absolute privilege: No liability for statements made by one spouse to another; made in judicial proceedings; made by executive branch officials; made by legislators in hearings or floor debates.
Qualified privilege: Employers and professors giving recommendations, persons reporting crimes, credit bureau reports. Liable only if

1) acted with malice
2) excessive publication or
3) statement unrelated to privilege.
Invasion of Privacy [*only actual defense is valid defense]

1) [Mis]Appropriation of P's picture or name for commercial advantage
2) Unreasonable intrusion into P's private affairs or seclusion: Objectionable to reasonable person. No communication to a third person is needed.
3) [Very] Public disclosure of private facts about P (reasonable person). Facts are true, not generally known about P; not part of any public record; not of legitimate public interest.

4) False Light: false attribution of belief/action which reasonable person would find objectionable that's publicized in very public way. Prove malice.
Deceit-Fraudulent Misrepresentation

Misrepresentation of material fact:
1) Generally, opinions/silence can't be basis.
2) Can be based on opinion by an expert; silence if there's fiduciary duty; duty to correct earlier misinformation.
D must have scienter (intent to deceive or reckless disregard of truth).
Generally, no transferred intent. Only proper P's are those D intends to deceive or could reasonably foresee would rely on statement.

P must prove reasonable reliance and actual damages.
Negligent Misrepresentation (rare!)
Misrepresentation of fact from D's negligence. Covers only D's misrepresentations from D's business/prof (*accountants, surveyors).

Only persons that D knew would rely on D's statement are proper Ps.

P must prove reasonable reliance and actual damages.
Tortious Interference with Contract
- P must prove P had a valid contract with T that D knew about; D intentionally interfered with the contract; and P suffered actual damages.

- Interference with a K at will or prospective K is actionable only if D used wrongful tactics (violence)