FOCUSED: Torts

Define ASSAULT

INTENTIONAL

PLACING OF ANOTHER IN REASONABLE APPREHENSION

OF AN IMMINENT HARMFUL OR OFFENSIVE TOUCHING

WITHOUT CONSENT OR PRIVLEGE

Define BATTERY

INTENTIONAL

HARMFUL OR OFFENSIVE TOUCHING OF ANOTHER

WITHOUT CONSENT OR PRIVILEGE

Define FALSE IMPRISONMENT

INTENTIONAL

PHYSICAL or PSYCHOLOGICAL CONFINEMENT OF ANOTHER

WITHIN FIXED BOUNDARIES

for ANY PERIOD OF TIME

WITHOUT CONSENT OR PRIVLEGE

Define IIED

CONDUCT OF EXTREME AND OUTRAGEOUS NATURE

CALCULATED TO CAUSE AND WHICH DOES CAUSE

SEVERE EMOTIONAL DISTRESS

Define TRESPASS TO LAND

INTENTIONAL

ENTRY UPON LAND

IN POSSESSION OF ANOTHER

WITHOUT CONSENT OR PRIVLEGE

Define TRESPASS TO CHATTEL

INTENTIONAL

INTERFERENCE WITH CHATTEL

IN POSSESSION OF ANOTHER

WITHOUT CONSENT OR PRIVILEGE

Define CONVERSION

INTENTIONAL

EXERCISE OF WRONGFUL DOMINION AND CONTROL

OVER CHATTEL OF ANOTHER

WITHOUT CONSENT OR PRIVILEGE

Define the defense of CONSENT

Not liable for harm if plaintiff’s consent was:

• Informed

• Voluntary

• Express or implied

• Legal capacity

Define SELF DEFENSE as a defense

Reasonable belief of imminent danger AND reasonable force used to repel attack.

Define DEFENSE OF OTHERS as a defense (Majority VS Minority)

Reasonable force to protect third person from harm.

• MAJORITY: Step in shoes of victim required

• MINORITY: Reasonable mistake OK

Define DEFENSE OF PROPERTY as a defense

Reasonable force used to protect property, taking was apparently trespassory, AND force was objectively reasonable and NOT deadly.

Define PREVENTION OF CRIME as a defense

1. reasonable belief that a crime is being committed in presence

2. acted to prevent the crime

3. objectively reasonable force used

Define Defense of Reentry of Land Wrongfully Withheld as a defense

May use reasonable force to re-enter real property if taking of property was tortious or wrongful and re-entering party entitled to immediate possession. Demand to vacate must be made unless futile.

Define Defense of Recapture of Chattel Wrongfully Withheld

Defendant may recapture chattel so long as:

• Reasonable force was used in FRESH pursuit

• Actor entitled to chattel

• Reasonable demand made

• Mistake not permitted

Define Detention for Investigation as a defense (Shopkeepers Privilege)

Business person has privilege in some jurisdictions to detain a suspected thief and investigate claim to goods so long as there is:

• Reasonable grounds

• Reasonable amount of time

• Reasonable force

• Reasonable investigation

• MAJORITY permits reasonable mistake

Define Defense of Legal Authority as a defense when a FELONY vs. MISDEMEANOR is committed and when defendant is POLICE or PRIVATE PERSON

• FELONY, POLICE: Privileged if police has reasonable grounds to believe person arrested has committed it.

• MISDEMEANOR, POLICE: Privileged if breach of peace committed in presence

• FELONY, PRIVATE PERSON: Privileged only if reasonable belief of commission OR committed in presence AND was in fact committed

• MISDEMEANOR, PRIVATE PERSON: Privileged only if breach of peace committed in presence.

All force must be reasonable. Exception for deadly force is person poses imminent threat to society/police.

Define Public Necessity as a defense

COMPLETE DEFENSE: Privileged if defendant acts to protect himself, others, property AND defendant had objectively reasonable belief it was done during an emergency situation.

Define Private Necessity as a defense

PARTIAL DEFENSE and still liable for damages/trespasses: Defendant interferes with a plaintiff's property in an emergency to protect an interest of his own. Entry MUST be reasonable.

Define NEGLIGENCE tort (D-B-D-APC)

Defendant may be liable for NEGLIGENCE is:

• Defendant owed DUTY OF CARE to plaintiff

• Defendant BREACHED THAT DUTY

• Plaintiff suffered DAMAGES

• ACTUALLY AND PROXIMATED CAUSED by the breach

Define GENERAL DUTY under NEGLIGENCE

1. everyone owes duty of due care

2. not to subject others to unreasonable risks of harm

3. based on the REASONABLE PERSON test under the same or similar circumstances.

• Adults with physical disabilities held to reasonable person test

• No allowance for mental disabilities unless diminished mental capacity

• Children judges by age, intelligence, and experience UNLESS engaged in an ADULT ACTIVITY.

  • Presumptive negligence age ranges is MINORITY view

• Profession/Trade examined by standard of care customarily exercised (national standard)

  • Modernly, medical professionals expands standard of care in the same or similar community

  • National certified specialists must meet national standard of care

• COMMON CARRIERS held to higher standard

Define SPECIAL DUTY under NEGLIGENCE (V-GOLD)

Special relationship requiring special duty:

V-GOLD

• Violation of Statute (Negligence per se)

• Guest Statute

• Omission to Act

• Landowner-Occupier

• Duties Owed by Lessors of Land

Define NEGLIGENCE PER SE under SPECIAL DUTY- NEGLIGENCE

1. defendant violates safety statute

2. plaintiff is a member of the class that the statute was designed to protect

3. injury to plaintiff is the type the statute was enacted to prevent

Define DRIVERS OF VEHICLES under SPECIAL DUTY - NEGLIGENCE

1. drivers owe a duty to passengers to drive with due care

Define OMISSION under SPECIAL DUTY - NEGLIGENCE

NO duty owed to prevent injury to another UNLESS following relationship exists:

• PARENT/CHILD

• HUSBAND/WIFE

• CO-VENTURERS

• INNKEEPER/GUEST

• COMMON CARRIER/PASSENGER

• Person who creates DANGER/Person so ENDANGERED

Define GOOD SAMARITANS/RESCUERS under SPECIAL DUTY - NEGLIGENCE

SAMARITANS:

1. person rendering services owes a duty of care to recipient

2. abandonment is allowed unless it results in leaving person worse off than found

RESCUE:

a person who creates situation in which rescue is needed owes a duty to rescuer

Define NEGLIGENT SUPERVISION under SPECIAL DUTY - NEGLIGENCE

1. person who is obligated to supervise a child owes a duty to those injured by child &

2. person who is obligated to supervise a child owes a duty to the child

Define how PROFESSIONALS are evaluated under SPECIAL DUTY - NEGLIGENCE

• Profession/Trade examined by standard of care customarily exercised (national standard)

  • Modernly, medical professionals expands standard of care in the same or similar community

  • National certified specialists must meet national standard of care

Define a LICENSEE

1. enters real property of another

2. express or implied consent

3. entry is not for business purpose

(Friend)

Define an INVITEE

1. enters land of another

2. for purpose related to express or implied consent of owner

Define a TRESPASSOR

A trespasser is someone who enters the real property of another without express or implied consent.

Define a DUTY OWED TO AN INVITEE under SPECIAL DUTY - NEGLIGENCE

Land occupier owes duty of care to invitee:

a. inspect land

b. repair dangerous conditions

Define a DUTY OWED TO AN LICENSEE under SPECIAL DUTY - NEGLIGENCE

Land occupier owes duty to licensee:

a. warn of dangerous conditions known to occupier and not known to licensee, unless obvious, or

b. repair dangerous condition

Define a DUTY OWED TO A TRESPASSER/CHILD TRESPASSER under SPECIAL DUTY - NEGLIGENCE

1. land occupier owes no duty to trespasser/child trespasser

2. exceptions:

a. constant trespasser upon a limited area

b. Attractive Nuisance Doctrine

Define a ATTRATIVE NUISANCE DOCTRINE under SPECIAL DUTY - NEGLIGENCE

Land occupier owes a duty of reasonable care to eliminate a danger or to otherwise protect children when:

1) foreseeability of trespass,

2) foreseeability of serious harm,

3) the child is unaware of the danger, and

4) cost to fix or maintain is slight vs the risk to children

Define DUTY OWED TO PERSON OFF PREMISES under SPECIAL DUTY - NEGLIGENCE

1. land occupier owes duty to those outside his property:

a. inspect for defects

b. repair defects that should have been discovered by reasonable inspection

Define DUTY OWED TO OTHERS OF NATURAL CONDITIONS ON OCCUPIED PROPERTY under SPECIAL DUTY - NEGLIGENCE

Traditionally: land occupier owes no duty to care for, repair, or warn of dangers related to natural conditions

Modern Trend: Duty may be owed to warn or repair

Define DUTY OWED BY LESSEES AND LESSORS OF LAND under SPECIAL DUTY - NEGLIGENCE

A lessee is a land occupier and has the same liabilities that any land occupier would have.

A landlord owes no duty to a person coming onto land with the consent of the lessee, with the following exceptions where duty is owed:

• LESSOR knew of danger at start of lease that lessee had no reason to know.

• IF land is held open to the PUBLIC

• duty to make common areas safe

• if required by lease, keep premises in good repair

• If required, reasonably complete repairs

• SOME JURISDICTIONS, general duty of care owed.

Define BREACH

A failure to perform ones duty

What is DIRECT evidence vs CIRCUMSTANTIAL evidence in determining if a BREACH occurred?

• DIRECT evidence proves the fact directly

• CIRCUMSTANTIAL evidence helps prove the fact by combining facts and suggesting a specific conclusion

Define RES IPSA LOQUITUR as it relates to BREACH

Doctrine states the occurrence itself speaks of negligence and it is unnecessary for the plaintiff to show the exact circumstances whereby the defendant breached his or her duty of care:

• 1) the defendant was in complete control of the instrument that caused the harm; 2) the plaintiff is not guilty of contributory negligence;

• 3) the defendant is in a better position to explain what happened; and

• 4) injuries of this type do not normally occur absent such negligence.

Under CAUSATION, define ACTUAL CAUSE

1. starts or ignites chain of events

2. satisfies “But For” or Substantial Factor Test

Under CAUSATION, define the '“But For” Test

1. used to establish actual cause

2. but for defendant’s act, plaintiff would not have been injured

Under CAUSATION, define the SUBSTANTIAL FACTOR TEST

The Substantial Factor Test is used to establish actual cause where more than one act contributes to the plaintiff’s harm.

1. used to establish actual cause

2. when more than one act is involved in producing single indivisible injury

3. defendant’s act contributed to injury to more than a trivial degree

Under CAUSATION, define PROXIMATE CAUSE

1. act is proven to be an actual cause of plaintiff’s harm

2. act occurs in a natural and continuous sequence of events

• a. sequence of events is unbroken by an intervening act, or

• b. intervening act occurs, but it is dependent and produces a result that is not highly unforeseeable, or

• c. an intervening act occurs, but it is independent and result is foreseeable

When a dependent intervening act occurs, the chain of causation is broken only if the result of the dependent intervening act is highly unforeseeable.

Under PROXIMATE CAUSE, define DEPENDENT INTERVENING ACT

1. act which occurs after defendant’s act but before plaintiff’s injury

2. would not have occurred without negligent act

3. normal reaction or part of chain of events started by defendant

4. breaks chain of causation only if highly unforeseeable

Under PROXIMATE CAUSE, define INDEPENDENT INTERVENING ACT

1. act which occurs after defendant’s act but before plaintiff’s injury

2. would have occurred even without defendant’s negligent act

3. breaks chain of causation unless its occurrence or result was foreseeable

Under PROXIMATE CAUSE, define SUPERSEDING CAUSE

1. act which occurs after defendant’s act but before plaintiff’s injury

2. sufficient to break chain of causation, thus relieving defendant from liability

Under DAMAGES, define the requirements of being awarded damages in NEGLIGENCE:

In a negligence action, the plaintiff may not recover damages unless he first proves that he suffered physical harm. Once this is established, he may recover most categories of damages, except for punitive damages, which are generally not available for negligence, unless the defendant’s conduct was reckless or outrageous.

Define NEGLIGENT INFLICTION OF EMTIONAL DISTRESS

1. if physical impact to plaintiff: emotional distress presumed

2. if no physical impact to plaintiff:

• a. plaintiff physically manifests emotional distress, and

  • i. plaintiff was in zone of danger

  • or ii. plaintiff was present and aware during injury of close relative

Under DEFENSES, define CONTIBUTORY NEGLIGENCE

1. defendant’s negligence is proved

2. plaintiff’s negligence also contributed to his own injury

3. complete bar to plaintiff’s recovery

Under DEFENSES, define COMPARATIVE NEGLIGENCE

1. defendant’s negligence is proved

2. plaintiff’s negligence also contributed to his own injury

3. damages will be apportioned between plaintiff and defendant

Under DEFENSES, define LAST CLEAR CHANCE DOCTRINE

1. applies in contributory negligence jurisdictions (as an exception to the bar against the plaintiff’s recovery)

2. doctrine available for use only by plaintiff as a counter defense to the defendant’s defense of contributory negligence by plaintiff

3. defendant’s negligence causes injury to plaintiff

4. plaintiff is found to be contributorily negligent

5. defendant had a superior opportunity to avoid causing injury and failed to do so

Under DEFENSES, define ASSUMPTION OF RISK

1. plaintiff voluntarily accepts risk of danger

2. risk is known and appreciated by plaintiff

3. acceptance of risk is express or implied

Define JOINT TORTFEASORS

1. two or more persons 2. join together to commit tort 3. vicarious liability is imposed

Define CONCURRENT TORTFEARSORS

1. two or more persons

2. act independently of each other, but produce a single injury

3. joint and several liability is imposed

Define SUCCESSIVE TORTFEASORS

1. two or more negligent acts, one following the other

2. first tortfeasor may be held liable for the added injury caused by the second tortfeasor IF the second tortfeasor's negligence resulted from normal reaction or part of chain of events foreseeably started by defendant

Define JOINT AND SEVERAL LIABILITY

1. imposed against joint and concurrent tortfeasors

2. each tortfeasor is responsible for full amount of judgment awarded to plaintiff

3. plaintiff can collect full amount of judgment from any or all tortfeasors

4. plaintiff cannot collect more than full amount of judgment

Define INDEMNITY

• Indemnity is a shifting of the liability from a defendant who is only secondarily or vicariously liable to the party who is primarily liable

• allows the vicariously liable defendant who has paid a court judgment to obtain full reimbursement from the party who is primarily liable

Define CONTRIBUTION

1. claim brought by one concurrent tortfeasor against other concurrent tortfeasors

2. seeks reimbursement for pro rata share of judgment

Under MISC TORT CONCEPTS, define WRONGFUL DEATH STATUTE

When defendant’s intentional OR negligent act causes death, decedent’s family may bring suit. 

• Under COMMON LAW - NO CAUSE of action exists. 

Under MISC TORT CONCEPTS, define SURVIVAL STATUTES

• Allows decedent’s estate to continue lawsuit so long as decedent was involved in suit at time of death, to recover what he himself might have obtained, including damages sustained by the estate.

Under MISC TORT CONCEPTS, define STATUTE OF LIMITATIONS for injury

Unless otherwise stated, statute of limitation is two years, beginning at the TIME of the injury OR discovery of the injury, whichever occurs first.

Under MISC TORT CONCEPTS, define each IMMUNITY:

• HUSBAND-WIFE immunity

• PARENT-CHILD immunity

• CHARITABLE immunity

• GOVERNMENTAL immunity

IMMUNITIES:

Husband - Wife: in COMMON LAW, spouses cannot sue each other to preserve domestic tranquility. MODERNLY, this is ABOLISHED

Parent - Minor Child: in COMMON law, parents and children cannot sue each other. MODERNLY, this is ABOLISHED.

Charitable: in COMMON LAW, recipients of a charity cannot sue the charity unless they are “paying” recipients. MODERNLY, this is ABOLISHED.

Governmental: Prevents suits against governments unless government consents to the suit - some jurisdictions have ABOLISHED immunity of MUNICIPAL and STATE governments, but jurisdictions vary.

Define STRICT LIABILITY, & the two things it is usually associated with:

Strict liability is liability without fault, imposed on a defendant who has not done anything intentionally wrong. In Tort law, usually involves:

• Keeping dangerous animals OR

• abnormally dangerous activities.

Define VICARIOUS LIABILITY

• Defendant NOT personally at fault BUT

• Liable for ANOTHER’s ACT because of a special relationship or circumstance

• Defendant may seek indemnification from the actual tortfeasor

Define RESPONDEAT SUPERIOR under VICARIOUS LIABILITY

• “Let the Superior Answer”

  • Employee commits a tort during SCOPE of employment thus

  • employer is held vicariously liable

Define SCOPE OF EMPLOYMENT under VICARIOUS LIABILITY

• Employee commits an act and INTENT of employee is to further employer’s business interests

Under VICARIOUS LIABILITY, Define “TO AND FROM HOME” aka the GOING AND COMING RULE

• Principle that states employee’s commute to and from their place of work is ordinarily NOT considered part of their employment duties severing vicarious liability even in a “Work” vehicle

• UNLESS employee is in a company owned vehicle OR employee is running a work-related errand. 

Define FROLIC and DETOUR under VICARIOUS LIABILITY

• When employee has started work OR running errand for employer and 

• PHYSICALLY DEPARTS from those duties for a personal reason which affects liability:

  • DETOUR - Slight deviation which is thus still WITHIN scope (such as stopping to get lunch)

  • FROLIC - Major deviation which is OUTSIDE scope (such as leaving the city for a personal errand)

Define INDEPENDENT CONTRACTOR LIABILITY as it relates to Vicarious Liability

• Generally NO liability to the employer UNLESS contractor is:

  • Participating in inherently dangerous activities = strict liability

  • Non-delegable duties (maintaining road/car/premises in good repair)

  • Entrusting work to independent contractor but RETAINING CONTROL of any part of the work.

What is the COLLATERAL NEGLIGENCE RULE as it relates to INDEPENDENT CONTRACTOR LIABILITY?

• Employer is ONLY RESPONSIBLE FOR RISKS INHERENT IN THE WORK and NOT negligence of contractor

Define JOINT ENTERPRISE as it relates to VICARIOUS LIABILITY

• In a Joint Venture, each member is VICARIOUSLY LIABLE to those outside the enterprise for the CONDUCT of ALL joint enterprisers acting WITHIN the SCOPE of the enterprise (must have equal voice/control+business purpose for liability).

Define BAILOR/BAILEE as it relates to VICARIOUS LIABILITY

Bailor/Bailee relationship:

• BAILMENTS generally involve no vicarious liability UNLESS

  • NEGLIGENT ENTRUSTMENT

Define VEHICLE OWNERSHIP as it relates to VICARIOUS LIABILITY

• An OWNER is vicariously liable for injuries resulting from BAILEE’s negligent operation

Under VEHICLE OWNERSHIP as it relates to VICARIOUS LIABILITY, what is the FAMILY PURPOSE DOCTRINE?

• Parent owes duty to those injured by family members who use vehicle SO LONG AS

• Vehicle used for a family purpose

Under VEHICLE OWNERSHIP as it relates to VICARIOUS LIABILITY, what are the CONSENT/PERMISSIVE USE statutes?

• If owner gives express or implied permission to bailee to use automobile, they are vicariously liable for torts committed by the user. 

Under VEHICLE OWNERSHIP as it relates to VICARIOUS LIABILITY, what is NEGLIGENT ENTRUSTMENT?

• Vehicle owner responsible for tort caused by driver IF owner KNEW or SHOULD HAVE KNOWN driver was UNFIT to drive.

Under VEHICLE OWNERSHIP as it relates to VICARIOUS LIABILITY, are PARENT’s vicariously liable for CHILDREN’s conduct? (Common v Modern Law)

A PARENT is NOT vicariously liable for children’s tortious conduct at COMMON LAW.

MODERNLY: Most states make parents liable for willful/intentional torts committed by their children.

Under PRODUCTS LIABILITY, define the general RULE: (4 parts)

• Defendant RELEASED PRODUCT into STREAM of COMMERCE

• INJURY to property OR person BECAUSE of DEFECT

• DEFECT was in DESIGN, MANUFACTURE or WARNING

• MUST ASSERT one of the four LIABILITY THEORIES:

  • INTENTIONAL

  • NEGLIGENCE

  • BREACH OF WARRANTY or

  • STRICT LIABILITY

Under PRODUCTS LIABILITY, define the THREE DEFECT types (D-M-W)

• DESIGN defect - Product created as intended BUT design creates unreasonable danger to consumers UNLESS product is unavoidably unsafe but BENEFIT is greater than its dangers.

• MANUFACTURE defect - Product NOT created as intended - error in production caused a defect

• WARNING defect - Product created as intended BUT product is dangerous and consumer NOT reasonably aware of danger

Under PRODUCTS LIABILITY define INTENTIONAL products liability theory:

• Defendant is MANUFACTURER, DISTRIBUTOR, SUPPLIER, or RETAILER of product

• Product was created as intended

• Product is dangerous

• Defendant knew of the product’s danger and released into stream of commerce anyways

Under PRODUCTS LIABILITY, define NEGLIGENCE products liability theory:

• Defendant is a MANUFACTURER, DISTRIBUTOR, SUPPLIER, or RETAILER of product

• DUTY to plaintiff who was a FORESEEABLE USER

• BREACH by not meeting ordinary commercial standards

• CAUSATION b/c defect caused harm to plaintiff

• DAMAGES to person or property

Under PRODUCTS LIABILITY, define the BREACH OF WARRANTY theory:

• Defendant is a MANUFACTURER, DISTRIBUTOR, SUPPLIER, or RETAILER of product

• PRODUCT is NOT of MERCHANTABLE QUALITY or

• PRODUCT is NOT FIT for INTENDED PURPOSE

Under PRODUCTS LIABILITY, define the STRICT LIABILITY theory:

• Defendant is a MANUFACTURER, DISTRIBUTOR, SUPPLIER, or RETAILER of product

• Product was DEFECTIVE

• Defects were ACTUAL+PROXIMATE CAUSE of injuries

• Defect EXISTED at the TIME product LEFT defendant’s hands

Under CROSSOVERS, MISREPRESENTATION, define INTENTIONAL MISREPRESENTATION

• FALSE STATEMENT which is 

• MATERIAL

• with KNOWLEDGE (scienter) 

• and INTENT to INDUCE RELIANCE

• and PLAINTIFF justifiably relied

• which CAUSED DAMAGES

Under CROSSOVERS, MISREPRESENTATION, define NEGLIGENT MISREPRESENTATION

• A FALSE STATEMENT which is

• MATERIAL with

• NEGLIGENCE IN ACQUISITION and COMMUNICATION of the information

• with INTENT to INDUCE RELIANCE

• and PLAINTIFF JUSTIFIABLY relied

• which CAUSED DAMAGES

Under CROSSOVERS, MISREPRESENTATION, OUT OF POCKET DAMAGES = Special Damages, but are calculated by comparing the difference between ____ and ____

difference between AMOUNT PAID and VALUE RECEIVED

Under CROSSOVERS, NUISANCE, define the two types of nuisances:

PRIVATE NUISANCE - An act by a defendant which UNREASONABLY INTERFERES with ones use or enjoyment of property

PUBLIC NUISANCE - An act by a defendant which is INJURIOUS to the general public

Under CROSSOVERS, WRONGFUL LITIGATION, define MALICIOUS PROSECUTION

• Occurs when one files a previous criminal or civil proceeding against plaintiff WITHOUT PROBABLE CAUSE and WITH MALICE.

• Original proceeding must have ended in favor of the party now suing for malicious prosecution.

Under CROSSOVERS, WRONGFUL LITIGATION, define ABUSE OF PROCESS

• Occurs when defendant PREVIOUSLY initiated legal proceeding against plaintiff

• WITH ULTERIOR MOTIVE & IMPROPER PURPOSE

Define DEFAMATION elements (6 elements) F-D-P-U-D-RR

• FALSE STATEMENT

• which was DEFAMATORY

• PUBLISHED to 3rd PERSON

• UNDERSTOOD by 3rd PERSON in defamatory sense

• DAMAGES

• RETRACTION demanded and REFUSED (R/R)

Under DEFAMATION, what does it mean for something to be DEFAMATORY?

DEFAMATORY = Statement that paints one up to having hatred, contempt, disgrace, ridicule, or causes shunning or damage in occupation.

Under DEFAMATION, define SLANDER vs. SLANDER PER SE

SLANDER is SPOKEN WORD DEFAMATION + requires PROOF of special damages to recover.

SLANDER PER SE is SPOKEN WORD DEFAMATION that SPECIFICALLY alleges:

• Criminality

• Loathsome disease

• Unchasity

• Improper business practices

Under DEFAMATION, define LIBEL vs LIBEL PER SE

LIBEL is WRITTEN DEFAMATION

LIBEL PER SE is WRITTEN DEFAMATION which is DEFAMATORY ON ITS FACE and thus, general damages presumed.

Under DEFAMATION, define what SPECIAL DAMAGES are in DEFAMATION

• PECUNIARY damages such as loss of job, customers, or business

There are THREE privileges in DEFAMATION. One of the three is ABSOLUTE PRIVILEGE - define:

• ABSOLUTE privilege is when defendant has COMPLETE immunity from liability for defamation during:

  • Judicial proceedings

  • Legislative proceedings

  • Official statements of government officials

  • Between husband and wife

There are THREE privileges in DEFAMATION. One of the three is QUALIFIED PRIVILEGE - define:

Defendant has COMPLETE IMMUNITY from liability for defamation IF he is acting in:

• Good faith

• Socially desirable purpose

• Protect interest of self, others, or public unless made with malice or bad faith.

There are THREE privileges in DEFAMATION. One of the three is FAIR COMMENT PRIVILEGE - define:

Defendant has COMPLETE IMMUNITY from liability for defamation IF:

• Statement of OPINION made in GOOD FAITH

• on MATTERS OF PUBLIC INTEREST

Define INVASION of privacy

A violation of ones right to be left alone

Under INVASION OF PRIVACY, define APPROPRIATION OF LIKENESS

• UNAUTHORIZED use of plaintiff’s name or likeness.