7.3 Other Torts

Nuisance has two types

public and private

Private nuisance definition

Unreasonable interference with

the use and enjoyment of another's property.

What makes something unreasonable for private nuisance?

The injury of the conduct outweigh its utility

For a private nuisance, the interference must be unreasonable to a [..1..] person because it is an [..2..] standard

reasonable, objective

T/F: A plaintiff's unique sensitivity or allergy can make an otherwise reasonable interference into a private nuisance.

F (the standard is objective, a plaintiff's unique sensitivity is not considered)

Public nuisance definition

Unreasonable interference with a right shared by the public at large

Public nuisance affects the […] as a whole.

community

A lawsuit for public nuisance is typically brought by a […] on behalf of the public.

government official

A private plaintiff can bring a public nuisance suit ONLY IF they can prove they suffered […]

special harm (usually some sort of special economic harm)

For a private plaintiff to sue for public nuisance, the harm must be […] from that suffered by the general public.

different

Defamation Elements

1. False negative statement

2. Concerning P

3. Published to a third party

4. Causing P damage

Defamation: publication means what?

a third party heard AND understood

Defamation: What is Step 2

Classify the statement

• Libel

• Slander OR

• Slander per se

Libel damages

Presumed

Slander damages

NEED economic loss

Slander per se damages

Presumed

Slander per se mnemonic and categories

C.L.A.P.

• Crime of moral turpitude (look for a serious felony)

• Loathsome disease

• Adultery (lack of chastity)

• Profession

A plaintiff does not need to prove special damages for slander if the statement qualifies as […].

slander per se

Slander per se involves spoken statements that are so […] to a reputation that damages are presumed.

inherently harmful

What are the four categories of slander per se?

Crime of moral turpitude

Loathsome disease

Adultery

Profession

The mnemonic for the four categories of slander per se is […].

CLAP

Private figure defamation

negligence

PUBLIC figure defamation

malice (reckless disregard for truth—knew it was false OR had reason to believe it was false and published anyway)

Malice

• Knowledge of Falsity OR

• Reckless disregard for truth

Defamation absolute DEFENSE

Truth

Defamation absolute PRIVILEGE

Statements made in a judicial or legislative proceeding

Qualified privilege applies when a statement is necessary to protect the [..1..]'s or [..2..]'s interest.

defendant, public

A common scenario for qualified privilege is a letter of recommendation made at the […] of the plaintiff.

request

Qualified privilege protects a defendant as long as the statement was made honestly and with a […] that it was true.

reasonable belief

The four torts under the umbrella of invasion of privacy are:

1. …

2. …

3. … and

4. …

1. False Light

2. Appropriation

3. Public Disclosure of a Private Matter

4. Intrusion Upon Seclusion

False light definition

Portraying P in a false light to the public

T/F: For a false light claim, the portrayal of the plaintiff must be negative and harm their reputation.

F (it only needs to be untrue, not necessarily negative like defamation)

Appropriation definition

1. Name or likeness

2. Commercial advantage (profit)

3. Unpermitted

The key element for the tort of appropriation is the use for a commercial advantage which means for a […] purpose

profit-making

FAPI

public disclosure of a private matter

For public disclosure of a private matter, the information must be genuinely private, meaning the plaintiff had an expectation of […]

privacy

Intrusion upon seclusion elements

1. Physical/electronic invasion

2. Where P has a reasonable expectation of privacy.

The tort of intrusion upon seclusion is about [..1..], not [..2..] of the information obtained.

intruding, publication

FAPI has nothing to do with what privacy tort starting with M?

Misrepresentation

Two types of misrepresentation

intentional, negligent

Elements of intentional misrepresentation

1. Intentionally stating/omitting a material fact

2. Knew/should’ve known could be false

3. Intent to induce reliance

4. Reliance

5. Damages

Elements of negligent misrepresentation

1. Negligently stating/omitting something that misleads P

2. While having a special relationship with P

3. Reliance

4. Damages

Negligent misrepresentation requires a […] between the plaintiff and defendant, such as a fiduciary relationship.

special relationship

Elements of tortious interference

1. Intentionally inducing someone to breach

2. a valid contract with P

3. damages

Elements of malicious prosecution

Starting a criminal proceeding

without probable cause

not for justice