Defamation and Related Torts (Ch. 13) Flashcards Preview

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Flashcards in Defamation and Related Torts (Ch. 13) Deck (18):
1

Absolute Privileges

Absolute defense to defamation, regardless of defendant's motives

2

Actual Malice

Acting with knowledge of the falsity of one's statement or with reckless disregard as to the truth or falsity of one's statement

3

Appropriation

Use of the value of P's name or picture for D's financial gain

4

Defamation

Statement that tends to harm the reputation of another, encompassing both libel and slander

5

False Light

Representing the P to the public in a way that would be highly offensive to a reasonable person

6

Injurious Falsehood

False disparagement of a P's business, product, or property rights

7

Innuendo

Use of extrinsic facts to convey the defamatory meaning of a statement

8

Libel

Written defamatory statements

9

Pecuniary

Monetary; that which can be valued in terms of money

10

Presumed Damages

Damages that ordinarily stem from a defamatory statement and that do not require the showing of actual harm

11

Publication

Hearing or seeing of a defamatory statement by someone other than the P

12

Public Figure

One who has achieved persuasive fame or notoriety or who becomes involved in a public controversy

13

Qualified Privileges

Privilege that applies only when a D acts on the basis of certain well-defined purposes

14

Slander

Oral defamatory statements

15

Slander of Title

False disparagement of the P's property rights

16

Slander Per Se

Slander in which pecuniary harm can be assumed

17

Special harm

Harm of a pecuniary nature

18

Trade libel

False disparagement of the P's good or business