Defamation 2

Question 1

Defamation: slander damages

Answer 1

P must prove special (pecuniary) damages, unless slander per se

Question 2

Defamation: slander per se

Answer 2

impute improper conduct in P’s trade, accusation of crime involving moral turpitude, current loathsome disease, lack of chastity of woman

Question 3

when do constitutional issues arise in defamation

Answer 3

when defamation involves matters of public concern

Question 4

defamation: constitutional issues analysis

Answer 4

first four defamation elements plus (5) falsity & (6) fault of P

Question 5

defamation: falsity element

Answer 5

P must prove that the statement was false

Question 6

defamation: falsity–what may P do if statement wasn’t false?

Answer 6

may still raise IIED or privacy torts

Question 7

defamation: fault of D types (3)

Answer 7

where P is:
1. public official or figure
2. private person, public concern
3. private concern

Question 8

defamation: fault, public official or figure–when does this arise?

Answer 8

when a public figure has achieved fame or notoriety or has voluntarily assumed a central role in a public controversy

Question 9

defamation: fault, public official or figure proof

Answer 9

P must show malice (knowledge of falsity of statement or reckless disregard as to truth or falsity

Question 10

defamation: fault, private person, public concern proof

Answer 10

P need only prove negligence regarding falsity and actual injury