is NOT a product** Course Breakdown: (1) Intentional Torts; (2) Negligence; (3) Strict Liability; (4) Products Liability; (5) Economic & Dignitary Torts ECONOMIC & DIGNITARY TORTS - Focus is not on physical harm to person or property - Defamation, Privacy Malicious Prosecution, Misrepresentation/Fraud Common Law Defamation - Defamation changes w/ society burden is very easy; defamation was a SL cause of action; Cassidy: π’s publisher did not have to act intentionally or maliciously; wasn’t π mentioned in article but could bring suit as a 3rd party; Prima Facie Case: (1) defamatory communication (published to a 3rd party); (2) false; (3) concerning another (of & concerning the no need to prove damages, π); damages were presumed Defamatory material: hatred, ridicule, contempt or lower esteem among sub segment of community No need for to statements were false π Libel written/visual in some form; don’t have to prove special damages – Slander oral; special damages must be shown unless (1) serious crimes; – (2) loathsome diseases; (3) serious sexual misconduct; (4) against their trade/profession photo w/ small type disclaimer that the photo was unrelated to Stanton: article about teenage sex; disclaimer not sufficient; defamatory: tendency to injure her reputation”; no connection b/t article & “reasonable photo needed; disclaimer could be ignored by reasonable reader Look at link b/t defamatory statement & π Inducement: extraneous fact Innuendo: what’s inferred from the statement & inducement Need both w/ statement for defamation Proving the truth of the statement is a complete defense; burden is on the to prove truth; statement is assumed false ∆ Statutory Privileges or Immunities (pg. 895) Judge-Made Privileges (pg. 894-895): Official Privileges Litigation Privilege: judges, lawyers, witnesses Legislature Privilege: applies to federal legislators Executive Privilege: destroyed w/ actual malice Privilege to communicate in one’s own interest, the interest of 3rd persons, or in common interest of publisher & recipient
is NOT a product** Course Breakdown: (1) Intentional Torts; (2) Negligence; (3) Strict Liability; (4) Products Liability; (5) Economic & Dignitary Torts ECONOMIC & DIGNITARY TORTS - Focus is not on physical harm to person or property - Defamation, Privacy Malicious Prosecution, Misrepresentation/Fraud Common Law Defamation - Defamation changes w/ society Cassidy: π’s burden is very easy; defamation was a SL cause of action; publisher did not have to act intentionally or maliciously; π wasn’t mentioned in article but could bring suit as a 3rd party; Prima Facie Case: (1) defamatory communication (published to a 3rd party); (2) false; (3) concerning another (of & concerning the π); no need to prove damages, damages were presumed Defamatory material: hatred, ridicule, contempt or lower esteem among sub segment of community No need for π to statements were false Libel – written/visual in some form; don’t have to prove special damages Slander – oral; special damages must be shown unless (1) serious crimes; (2) loathsome diseases; (3) serious sexual misconduct; (4) against their trade/profession Stanton: photo w/ small type disclaimer that the photo was unrelated to article about teenage sex; disclaimer not sufficient; defamatory: “reasonable tendency to injure her reputation”; no connection b/t article & photo needed; disclaimer could be ignored by reasonable reader Look at link b/t defamatory statement & π Inducement: extraneous fact Innuendo: what’s inferred from the statement & inducement Need both w/ statement for defamation Proving the truth of the statement is a complete defense; burden is on the ∆ to prove truth; statement is assumed false Statutory Privileges or Immunities (pg. 895) Judge-Made Privileges (pg. 894-895): Official Privileges Litigation Privilege: judges, lawyers, witnesses Legislature Privilege: applies to federal legislators Executive Privilege: destroyed w/ actual malice Privilege to communicate in one’s own interest, the interest of 3rd persons, or in common interest of publisher & recipient
Torts-Selmi-2012.docx