Defamation, Privacy, and Business Torts

Question 1

Defamation: standard

Answer 1

• same as MBE I think, but in VA you can bring a quote falsely attributed to you regardless of the factuality of the quote

-A radio/TV broadcaster cannot be held liable for defamation for anything someone says on air unless they failed to use due care, and cannot be held liable for politician comments

Question 2

Defamation: Slander and Libel

Answer 2

• No distinction in VA; only libel is considered I think

Question 3

Defamation: Libel Per Se and Libel Per Quad

Answer 3

• Libel Per Se (i.e. really bad things said): do not need to prove special damages

-Libel Per Quad (i.e. not defamation per se, but contextually is): Do need to show special damages

Question 4

Defamation: Damages

Answer 4

• a P can get actual or compensatory damages if they can show by a preponderance of the evidence that (1) the publication was false and (2) the D knew so or failed to act reasonably or acted negligently

Question 5

Defamation: Immunity

Answer 5

• Immunity to statements made relating to a matter of public concern or at a public hearing of a governmental body
• but immunity is lost if the person made the statement with reckless disregard for truth or with knowing falsity

Question 6

Privacy: IFLAP in VA

Answer 6

• VA does not Recognize “I” or “FL”

-VA has codified A (barring consent to it), and the P can recover via injunction, compensatory damages, punitive damages if the D did so knowingly

• SOL for A is 20 years

Question 7

Business Relationship: Tort Law Firing

Answer 7

• Someone can bring a tort claim based on a firing of an at will employee that is against public policy (think an employee that holds stock, the company wants to merge and needs more stock to do so, so they fire the employee to recover her stock and merge)

Question 8

Business Relationship: Interference with Business Contract or Relationship

Answer 8

• VA recognizes both (and same standards apply)

Question 9

Parental Rights

Answer 9

• VA recognizes a claim for interference with parents rights if (1) the P has a right to a custodial relationship with the minor child, (2) a party outside the relationship intentionally interfered with it by either taking the child without consent or otherwise preventing the exercise of the custodial rights, (3) the doing so hurt the custodial relationship, and (4) the doing so caused harm to the parent
• if the interference was intentional, they may get punitive damages as well.