Ch 7: Defamation, Invasion of Privacy, and Business Torts

Question 1

What are the three elements a plaintiff must prove in a defamation action?

Answer 1

• The defamatory language is of or concerning the plaintiff
• The language is published to a third party who understands its defamatory nature
• The language damages the plaintiff’s reputation

Question 2

What does defamatory language do?

Answer 2

Diminishes respect, esteem, or goodwill toward the plaintiff

Question 3

How is a statement considered ‘of or concerning’ the plaintiff?

Answer 3

If a reasonable person would believe that it refers to the plaintiff

Question 4

What does publication in defamation refer to?

Answer 4

A communication made negligently or with actual malice to a third party who understands its defamatory nature

Question 5

What is actual malice in the context of defamation?

Answer 5

Knowledge of falsity or reckless disregard for the truth

Question 6

What is the difference between libel and slander?

Answer 6

• Libel: Defamation by written, printed, or recorded words
• Slander: Defamation by spoken word or gesture

Question 7

What must a slander plaintiff prove?

Answer 7

• Special damages
• Slander per se (accusation of crime, poor business conduct, loathsome disease, or sexual misconduct)

Question 8

What are the defenses to defamation?

Answer 8

• Truth
• Consent (actual and apparent)
• Absolute privileges
• Qualified privileges

Question 9

What does ‘Intrusion Upon Seclusion’ require for invasion of privacy?

Answer 9

Proof of intentional intrusion into the plaintiff’s private affairs that was highly offensive

Question 10

What is required for ‘Placing the Plaintiff in a False Light’?

Answer 10

Proof that the defendant made public facts that would be highly offensive to a reasonable person

Question 11

What does ‘Public Disclosure of Private Facts’ entail?

Answer 11

Publicly disclosing private facts that are highly offensive and not of legitimate public concern

Question 12

What is the mnemonic to remember the four torts of invasion of privacy?

Answer 12

I FLAP

Question 13

What is the requirement for intentional misrepresentation?

Answer 13

• Knowingly or recklessly misrepresented a material fact
• Plaintiff justifiably relied and suffered damages

Question 14

What is required for negligent misrepresentation?

Answer 14

• Negligently provided false information in business or profession
• Plaintiff justifiably relied and suffered pecuniary damages

Question 15

What must be proven for intentional interference with a contract?

Answer 15

• Valid contract existed
• Defendant knew about the contract
• Defendant intentionally interfered
• The breach caused damages

Question 16

What is required for interference with prospective economic advantage?

Answer 16

Egregious conduct is required in absence of a contract, with other elements remaining the same

Question 17

What must a plaintiff prove for theft of trade secrets?

Answer 17

• Ownership of a valid trade secret
• Reasonable precautions to protect it
• Defendant took it by improper means

Question 18

What is trade libel?

Answer 18

Malicious publication of false statements about the plaintiff’s business property or quality

Question 19

What is required for malicious prosecution?

Answer 19

• Intentional initiation of legal action for improper purpose
• Without probable cause
• Action dismissed in favor of the person against whom it was brought

Question 20

What must be proven for abuse of process?

Answer 20

Willful and improper act while using legal process for an ulterior purpose causing damages