Other Torts Flashcards
Private Nuisance
Unreasonable interference
Use/enjoyment of property
Objective standard (nobody cares about your sensitivities)
Public Nuisance
Unreasonable interference to public
Brought by government official
If a private plaintiff is bringing the claim, they must prove SPECIAL OR UNIQUE DAMAGES
Defamation
1) False Statement
2) About Plaintiff
3) Hurts Reputation
4) Publication
5) Damages
Publication = HEARD AND UNDERSTOOD by third person to be about the plaintiff
Libel
Written/printed defamation
NO NEED to prove you lost $ (no need for special damages)
Slander
Spoken defamation
NEED TO PROVE you lost $ (special damages) (I lost my job)
Invasion of Privacy
False Light: portray someone in a false light (doesn’t have to be bad – you just say something INCORRECT)
Appropriation: Unauthorized use of likeness/image for PROFIT
Public Disclosure: publicly disclosing a private matter (cannot be NEWSWORTHY)
Intrusion Upon Seclusion: Physical invasion of a private space
Slander Per Se
Slander so bad that you don’t have to prove special damages;
(1) About Profession/ Business
(2) Chastity of woman
(3) Felony accusal
(4) Loathsome Disease (STD)
Defamation of private person
Negligence
PRESUME PRIVATE PERSON
Defamation of Public figure
“Actual Malice”
Knowledge or “reckless disregard of truth”
KNEW OR SHOULD HAVE KNOWN it was false and they did it anyway
MAKE THEM SHOW YOU THEY ARE A PUBLIC FIGURE
Defense to Defamation
Truth
Defamation Privileges
Absolute privilege:
Statements made inn course of Official Proceedings (court appearances, gov’t officials yelling at eachother)
Qualified privilege:
Only stating a matter that appears necessary to protect defendant’s interest or public interest (letter of rec, please make a statement about me)
Misrepresentation =
Fraud or Deceit
Intentional Misrepresentation
(1) Misrepresentation of material fact
(2) KOSK was false (scienter)
(3) with intent to reduce reliance
(4) Reliance
(5) Damages
Intentionally tricking someone to rely on it and make a decision
Negligent Misrepresentationn
1) Negligence
2) Special Relationship
3) Detrimental Reliance
4) Damages
RE Broker doesn’t check the pipes or roof
Tortious Interference with Contractual relationship
1) You know a K exists
2) D intentionally interferes to sever K
3) Damages
Agency in sports or movie business
