C. Defamation/Invasion of Privacy

Question 1

What is required for Slander?*

Answer 1

Special damages

FYI damages NOT presumed

Question 2

What is required for Slander Per Se?*

Answer 2

• Statement charging P with serious crime
• Statement tending to injure P’s trade/business/profession
• Statement that P has loathsome disease
• Statement imputing unchastity to woman

FYI damages presumed from these statements

Question 3

What is required for Libel?*

Answer 3

• Statement charging P with serious crime
• Statement tending to injure P’s trade/business/profession

FYI damages presumed from these statements

Question 4

What is required for invasion of privacy as statutory misdemeanor?*

Answer 4

1) Use for advertising/trade purposes
- NOT reporting of newsworthy event
- NOT reporting of matter of public interest

2) Of LIVING person’s name/picture/voice
3) With NO written consent of living person

Question 5

What remedies are available for invasion of privacy as statutory misdemeanor?*

Answer 5

Injunction

Damages

Question 6

What is required for recovery of damages for injuries from ‘prima facie tort’?

Answer 6

1) Infliction of intentional harm
2) With NO excuse/justification
3) By act/acts otherwise lawful
4) Special damages