TORTS - DEFAMATION

Question 1

Defamation Defined

Answer 1

Tends to harm reputation
Including causing HERC:
-hatred
-lost esteem
-ridicule
-contempt

Question 2

Slander Per Se

Answer 2

Verbal publication of CLAP accusation:
-criminal conduct
-loathsome disease
-absence of training/characteristic required for profession
-promiscuity/sexual immorality

Question 3

Common Law Defamation Elements (PFAA)

Answer 3

PFAA:

(1) Actor published (to any 3rd party that understands)
(2) False, defamatory statement (lost rep/HERC; falsity presumed at CL)
(3) About the victim (a reasonable observer would understand statement’s about the victim)
(4) Statement harmed victim’s reputation (actual harm; general damages presumed at CL if libel or slander per se claim)

Question 4

Defamation/1A Heightened Requirements

Answer 4

Apply only when statement concerns public figure OR is of public concern; must prove:
(1) CL defamation
(2) Falsity of the statement (many jx statutorily require)
(3) Statement made w/ actual malice (knew to be false, seriously doubted veracity, willfully ignored info that may show to be false)

Question 5

Public Figure

Answer 5

Person of widespread notoriety; public official (significant governmental responsibility)

Question 6

Defamation: Damages Element (Actual Harm)

Answer 6

-Defamation acknowledges two overarching types of damages, general and special damages.

-General damages embrace actual reputational harm and intangible harms flowing from it, like mental anguish

-Special damages include monetary harm flowing from the defamation, like lost business