F: Other Torts

NUISANCE

1. Public Nuisance

2. Private Nuisance

3. Defenses

1. (i) unreasonable interference

   (ii) w/ a right common to the general public (e.g. health, safety)

   (iii) actual damages

2. (i) substantial and unreasonable interference

   (ii) w/ a private person’s use and enjoyment of their property

3. coming to the nuisance, statutory compliance

DEFAMATION

1. Elements

2. Defenses

1.

(i) defamatory language

(ii) about P

(iii) published w/o privilege

(iv) that is false*

(v) made w/ malice (if a public figure) OR negligently (if a private figure)

(vi) damages

2. absolute privilege OR qualified privilege

SLANDER

1. Definition

2. Does it require proof of special damages?

1. an oral defamatory statement

2. requires proof of special damages UNLESS slander per se

LIBEL

1. Definition

2. Does it require proof of special damages?

1. a defamatory statement made in a permanent format

2. does not require proof of special damages UNLESS…

(i) statement does not fall within slander per se category

(ii) defamatory nature is not clear on the face of the statement

INTRUSION UPON SECLUSION

(i) intrusion upon P’s seclusion (i.e. zone of privacy)

(ii) would be highly objectionable to a reasonable person

MISAPPROPRIATION OF NAME OR LIKENESS

(i) use of P’s name or likeness

(ii) for commercial advantage

(iii) w/o P’s consent

(iv) damages

FALSE LIGHT

(i) P’s thoughts, beliefs, or actions

(ii) made public by D

(iii) thus putting P in a false light

(iv) would be highly offensive to a reasonable person

(v) actual malice*

PUBLIC DISCLOSURE OF PRIVATE FACTS

(i) private facts about P

(ii) disclosed to the public by D

(iii) would be highly offensive to a reasonable person OR not newsworthy

MALICIOUS PROSECUTION

(i) D instituted criminal proceedings

(ii) for an improper purpose

(iii) brought w/o probable cause

(iv) P prevailed on the merits

INTENTIONAL MISREPRESENTATION

(i) false representation of material fact

(ii) D knew the statement was false OR was reckless as to its veracity

(iii) D intended to cause inducement

(iv) P relied on the statement

(v) damages

NEGLIGENT MISREPRESENTATION

(i) statement made for the guidance of another in a business transaction

(ii) D knew that the info supplied was for a business transaction

(iii) D was negligent in obtaining or communicating the false info

(iv) P reasonably relied on the statement

(v) damages

INTENTIONAL INTERFERENCE WITH BUSINESS RELATIONS

(i) D knew of contract or prospective economic advantage

(ii) D intentionally interfered for improper motives