Harm to economic and dignitary interests Flashcards
(14 cards)
What damages must be proven for libel?
P does not need to prove special (pecuniary) damages; general damages are presumed (non-monetary, like pain and suffering)
Slander per se categories
1) Adversely reflect one’s conduct in a business or profession
2) One has a loathsome disease
3) One is or was guilty of a crime involving moral turpitude
4) A woman is unchaste (extramarital sexual relations) / sexual immorality
What damages must be proven for slander?
P must prove special (pecuniary) damages UNLESS slander per se
Defamation defense: absolute privilege (can never be lost)
(1) Judiciary proceedings, (2) legislators during proceedings, (3) federal executive officials, (4) in legally “compelled” broadcasts, (5) between spouses
Defamation defense: qualified privilege (can be lost through abuse)
(1) Reports of official proceedings, (2) statements in the interest of the publisher–defense of one’s actions, property, or reputation, (3) statements in the interest of the recipient, (4) statements in the common interest of the publisher and recipient
Invasion of right to privacy: 4 branches
(1) Appropriation of P’s picture or name
(2) Intrusion of P’s affairs or seclusion
(3) Publication of facts placing P in false light
(4) Public disclosure of private facts about P
Invasion of right to privacy: Appropriation of P’s picture or name
Unauthorized use of P’s picture or name for D’s commercial advantage (advertisements or promotions of products or services, not mere economic benefit)
Invasion of right to privacy: Intrusion of P’s affairs or seclusion
Act of prying or intruding must be highly offense to a reasonable person; thing intruding on must be “private”
Invasion of right to privacy: Publication of facts placing P in false light
Attributing to P views he does not hold or actions he did not take; must be highly offensive to a reasonable person under the circumstances
First Amendment limitation: If matter of public interest, must prove actual malice
Invasion of right to privacy: Public disclosure of private facts about P
Public disclosure of private information about P; must be highly offensive to a reasonable person of ordinary sensibilities; liability may attach even if the actual statement is true
Intentional misrepresentation (fraud, deceit)
(1) Misrepresentation of material past or present fact
(2) Scienter; when making statement, D knew or believed it was false or that there was no reasonable basis for the statement
(3) Intent to induce P to act or refrain from acting in reliance on D’s statement
(4) Causation (actual reliance)
(5) Justifiable reliance
(6) Damages (actual pecuniary loss)
Interference w/ business relationships
(1) existence of a valid contractual relationship b/w P and 3rd party OR valid business expectancy of P
(2) D’s knowledge of the relationship or expectancy
(3) intentional interference by D inducing a breach or termination of relationship or expectancy
(4) damages
Interference w/ business relationships: privilege
Proper attempt to obtain business for itself or protect its interests
Privilege more likely found if D:
(1) interfered only with P’s prospective business rather than existing Ks
(2) used commercially acceptable means of persuasion rather than illegal or threatening tactics
(3) is a competitor of P seeking the same prospective customers
(4) has a financial interest in or responsibility for 3rd party or is responding to 3rd party’s request for business advice
Negligent misrepresentation
(1) misrepresentation by D in a business or professional capacity
(2) breach of a duty toward particular P
(3) causation
(4) justificable reliance
(5) damages
Generally confined to misrepresentations made in commercial setting
Liability will attach only if reliance by particular P would be contemplated (i.e. foreseeability that the statement will be communicated to a 3rd party does NOT made the D liable to the third party)
