Tort Law Ch. 13
absolute privileges
-Judges, legislators, witnesses, and attorneys, if operating in a proceeding -legislators acting in furtherance of legislative function -witnesses testifying before legislative function -federal officials, governors, and high-ranking state officials acting in official capacity -Husband-wife communications
qualified privileges
-reports of public proceedings -statement made to someone with capacity to act in the public interest -statement made to protect one's own interests as long as not for the purpose of obtaining a competitive advantage
slander
-statements are oral -must prove special harm unless slander per se -presumed damages not awarded
libel
-statements are written -no need to prove special harm -presumed damages awarded if
Invasion of privacy actually comprises four distinct torts:
1.Appropriation 2.Unreasonable intrusion 3.Public Disclosure of private acts 4.false light
Defamation encompasses the two related torts:
1.libel 2.slander
Four exceptions to the special-harm requirement for slander exist in these four cases of slander per se, pecuniary harm can be assumed:
1.that the plaintiff engaged in criminal behavior 2.that the plaintiff suffers from some type of venereal or otherwise loathsome and communicable disease 3.that the plaintiff is unfit to conduct his or her business, trade, or profession 4.that the plaintiff has engaged in sexual misdoncut
Nonpecuniary Damages
Compensation for pain and suffering, loss of enjoyment of life, and loss of life expectancy.
Public Disclosure of Private Acts
Defendant publicizes details of plantiff's private life that would be highly offensive to a reasonable person
False Light
Defendant puts plaintiff before public in false light that would be highly offensive to a reasonable person
injurious falsehood
False disparagement of a plaintiff's business, product, or property rights
Privileges can either be ______________ privileges, in which instance they apply regardless of the defendant's motives, or _______________ privileges, in which case they apply
absolute, qualified
That if a plaintiff is a public official she can recover only by showing that the defendant acted with ____________ ___________
actual malice
DEFAMATION
an invasion of the reputation of a person or group resulting from libel or slander, is a complex tort
if damages are presumed a plaintiff can recover an amount that _____________________ the damages
approximate
presumed damages
are those damages that ordinarily flow from defamation thereby precluding the necessity of the plaintiff proving actual harm
reckless disregard
as evidence indicating that the defendant in fact "entertained serious doubts" as to the truth of her statements
Survivors of the deceased ________ sue for defamation because of the statements made against the deceased
cannot
unreasonable intrusion
defendant intentionally intrudes upon seclusion of plaintiff in a way that would be highly offensive to a reasonable person
Under common law plaintiffs could essentially prove defamation if the could show that the defendant's statement were _________
false
trade libel
false disparagement of the plaintiff's goods or business
slander of title
false disparagement of the plaintiff's property rights
special harm
harm of a pecuniary nature
spoken words that are intended to be written are also categorized as
libel
recovery is allowed even though the plaintiff produces ______ evidence of any actual harm
no
A plaintiff who successfully proves defamation can recover fro pecuniary as well as _______________ loses
nonpecuniary
public figure
one who has achieved persuasive fame or notoriety or who becomes involved in a public controversy
Under the common law an ______________ could be defamatory unless it fell under the privilege of "fair comment"
opinion
Today the key features that shape defamation law are the status of the ___________ and the subject matter of the statement
plaintiff
in matters involving purely _________ concerns the plaintiff can recover presumed damages even without a showing of actual malice
private
In cases involving matters of ________ concern cannon't be awarded presumed damages if he is unable to prove actual malice
public
Punitive awards may not be awarded to private figures in suits involving matters of ____________ interest unless the plaintiff is able to prove that the defendant acted with actual malice
public
actual malice
reckless disregard for the truth or with knowledge tha the statement is false
To be considered defamatory; a statement must have a tendency to harm the ___________ of the plaintiff
reputation
Publication when used in the context of defamation:
requiring statement be seen or heard by someone other than the plaintiff
To prove slander a plaintiff must prove the they suffered some kind of:
special harm
single publication rule
that an entire edition of a book or periodical should be treated as one publication
reasonable interpretation
the plaintiff must also prove that the statement was reasonably understood by at least one person as referring to the plaintiff
The plaintiff must specifically show in his pleadings the innuendo:
the way in which the extrinsic facts convey a defamatory meaning
appropriation
value of plaintiff's name or picture is used by defendant for financial gain