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