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:star:CHAPTER 11: DEFAMATION, INVASION OF PRIVACY, AND OTHER MISCELLANEOUS…
:star:CHAPTER 11: DEFAMATION, INVASION OF PRIVACY, AND OTHER MISCELLANEOUS TORTS (wk4)
INTRO TO DEFAMATION
MISREPRESENTATION & OTHER MISC TORTS
Justifiable Reliance
Causation
Defendant's Knowledge of False Statements and Intent to Induce Reliance on Them by Plaintiff
Defenses
Misrepresentation by Opinion, Intention, or Law
Damages
Misrepresentation by Words, Writing, or Conduct
Intentional (Fraudulent) Misrepresentation
HARM TO THE REPUTATION OF THE PLAINTIFF
How is the alleged defamation understood by the third person
Statement must refer to the plaintiff
Two Standards
PUBLICATION TO A THIRD PERSON
Republication of a Defamatory Statement
DAMAGES FOR DEFAMATION
Damages for Slander
Damages for Libel
FACTS MUST BE FALSE
DEFENSES TO DEFAMATION
Consent
Privilege
Conditional Privelege
Privilege Based upon the Constitution
Absolute Privilege
Truth
CAUSATION IN DEFAMATION
INVASION OF PRIVACY
UNREASONABLE INTRUSION UPON THE SECLUSION OF ANOTHER
Defenses
APPROPRIATION OF NAME OR LIKENESS
Right of Publicity
Defenses
UNREASONABLE PUBLCITY GIVEN TO THE OTHER'S PRIVATE LIFE
Highly Offensive
Legitimate Concern to the Public
Publicity
Voluntary vs. Involuntary Public Figures
Private Facts or Material
Defenses
PUBLICITY UNREASONABLY PLACING PLAINTIFF IN FALSE LIGHT BEFORE PUBLIC
DAMAGES AS TO ALL CATEGORIES OF INVASION OF PRIVACY
MALICIOUS PROSECUTION OF A CRIMINAL ACT
Criminal Action Ended Favorably for Plaintiff
Lack of Probable Cause
Instigation of Criminal Action
Action Instituted for an Improper Purpose
RELATED ACTIONS - MALICIOUS PROSECUTION OF A CIVIL ACTION/ABUSE OF PROCESS/SPOLIATION OF EVIDENCE