Harm to Economic and Dignitary Interests

Question 1

common law defamation elements

Answer 1

(i) Defamatory language
(ii) “Of or concerning” the plaintiff
(iii) Publication thereof by defendant to a third person; and
(iv) Damage to plaintiff’s reputation

Question 2

two additional Constitutional elements if the defamation involves a matter of public concern

Answer 2

(v) Falsity of the defamatory language; and

(vi) Fault of the part of the defendant

Question 3

In a common law defamatory case, plaintiff does not have to prove falsity as part of the prima facie case, rather defendant

Answer 3

can offer truth of the statement as a defense.

Question 4

libel

Answer 4

written or printed publication of defamatory language

Question 5

For _________ plaintiff does not need to prove special damages and general damages are presumed, for _________ plaintiff must prove special damages, unless it walls within the per se categories.

Answer 5

libel; slander

Question 6

slander

Answer 6

spoken defamation

Question 7

slander per se categories

Answer 7

Defamatory statements that:

1) Adversely reflect on 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 (most common law crimes); or
4) A woman is unchaste.

Question 8

In a defamation cause of action, if the plaintiff is a public official or public figure, what intent on behalf of the defendant must they prove?

Answer 8

actual malice

Question 9

actual malice (defined by New York Times v. Sullivan)

Answer 9

(i) Knowledge that the statement was false, or

(ii) Reckless disregard as to whether it was false.

Question 10

In a defamation cause of action involving a matter of public concern, a private plaintiff must prove at least _______ on behalf of the defendant.

Answer 10

negligence

Question 11

appropriation

Answer 11

unauthorized use of plaintiff’s picture or name for defendant’s commercial advantage

Question 12

intrusion on plaintiff’s affairs or seclusion

Answer 12

act of prying or intruding that is highly offensive to a reasonable person

Question 13

publication of facts placing plaintiff in false light

Answer 13

exists where one attributes to plaintiff views he does not hold or actions he did not take. The false light must be something highly offensive to a reasonable person under the circumstances and for liability to attach, there must be publicity

Question 14

public disclosure of private facts about plaintiff

Answer 14

public disclosure of private information about plaintiff that is highly offensive to a reasonable person of ordinary sensibilities

Question 15

prima facie case for intentional misrepresentation (fraud, deceit)

Answer 15

(i) Misrepresentation of a material past or present fact;
(ii) Scienter, i.e., when defendant made the statement, she knew or believed it was false or that there was no basis for the statement;
(iii) Intent to induce plaintiff to act or refrain from acting in reliance upon the misrepresentation;
(iv) Causation (actual reliance);
(v) Justifiable reliance;
(vi) Damages (plaintiff must suffer actual pecuniary loss)

Question 16

prima facie case for negligent misrepresentation

Answer 16

(i) Misrepresentation by defendant in a business or professional capacity;
(ii) Breach of duty toward a particular plaintiff;
(iii) Causation;
(iv) Justifiable reliance; and
(v) Damages

Question 17

prima facie case for interference with business relations

Answer 17

(i) Existence of a valid contractual relationship between plaintiff and a third party or valid business expectancy of plaintiff;
(ii) Defendant’s knowledge of the relationship or expectancy;
(iii) Intentional interference by defendant inducing a breach or termination of the relationship or expectancy; and (iv) damages.

Question 18

A qualified privilege exists when

Answer 18

the potential speaker needs to be encouraged to speak; i.e., needs protection from the strict liability that might otherwise inhibit the potential speaker from speaking.

Question 19

A qualified privilege, unlike an absolute privilege, can be lost through

Answer 19

abuse, shown through actual malice (knowledge of falsity or reckless disregard of the truth) or excessive publication.

Question 20

One who repeats a defamatory statement will be held liable on the same general basis as a primary publisher even if

Answer 20

the republisher states the source or makes it clear that he does not believe the defamation.

Question 21

A former employee has a ____________ in responding to queries of a prospective employer about a job applicant.

Answer 21

qualified privilege