Torts Problem Areas 2

Actual Malice (Defamation)

knowledge that the statement was false or reckless disregard as to truth or falsity

not measured by what a rxbl person would have investigated before publishing; must show D in fact entertained serious doubts as to truthfulness of publication

Trespass Intent

can include intent to scare someone onto another’s land

Indemnification

shifting entire loss btw or among tortfeasors; vicarious liability & strict products liability for non-manufacturer

Inducement & Innuendo

P may plead additional facts as inducement to establish defamatory meaning by innuendo

Colloquium

extrinsic evidence offered to establish statement refers to P, if statement does not refer on its face

False Light

highly offensive to rxbl person under the circumstances and circulated to public at large

Qualified Privilege

may be lost if statement not within scope of privilege OR speaker acted with actual malice