ECONOMIC HARM AND DIGNITARY TORTS

ECONOMIC HARM AND DIGNITARY TORTS

1. DEFAMATION

   • A defamatory message of or concerning the P that is communicated to a 3rd person ad damages the Ps reputation
     • Elements
       • Message-- lowers a P in the communitys esteem or discourages a 3rd person from association with him
       • Of or concerning the P
       • Publication-- A 3rd person received the defamatory message and understood it to be about P
       • Harm to reputation
     • Types
       • Libel
         • written form of defamation
       • Slander
         • defamation not preserved in written form, includes spoken form
       • Slander per se
         • commission of a crime
         • allegations of disease
         • serious sexual misconduct
     • Damages
       • General Damages
         • No proof of actual damages required--slander per se
       • Pecuniary or Special Damages
         • Slander
       • Punitive Damages
         • Need showing of malice
     • Defenses
       • Truth
         • P must prove falsity of claim in prima facie case
       • Privileges
         • Absolute
           • D has burden of proving
           • Applies to legislator, participant in judicial proceeding, policy making officials, and spouses
         • Qualified
           • D has burden of proving
           • Privilege does not apply or is lost if
             • matter is outside scope of privilege
             • D acts out of malice
           • It is a matter of interest to the recipient
       • Consent

2. FRAUD/MISREPRESENTATION

   • Intentional assertion of a material fact that a P jusitfiably relied upon and that causes damages to the P
     • Misstatement of fact-- Not an opinion unless given by someone with superior skill
       • False, affirmative statement
       • Active concealment
       • Omission of facts/failure to disclose
     • Malice
       • Knowing it was false
       • Reckless disregard as to its truth or falsity
     • Intent to induce reliance
     • Justifiable reliance-- reasonable person std
     • Causation/damages

3. INVASION OF PRIVACY

   • Appropriation of the Ps name or picture
     • Unauthorized use of the Ps identity or likeness for Ds commercial advantage
   • Intrusion on the Ps affairs/seclusion
     • D unreasonably intrudes into the Ps seclusion
       • Physical or non-physical intrusion
       • Must be highly objectionable to a reasonable person
       • Refers to P physical solitude & privacy of personal affairs or concerns. P must have reasonable expectation of privacy
   • Publication if facts placing P in false light
     • Discussing P views or actions he did not take
     • Reasonable person would find offensive
     • Communicated to a substantial # of people
   • Public disclosure of private facts about the P
     • D unreasonably discloses private facts about P to public
       • Highly offensive to reasonable person
       • Not of legitimate public concern
       • Publication to the public
       • Not apply if publication is newsworthy

4. NUISANCE

   • Public or Private
     • Public
       • Unreasonable interference with a rt common to general public
         • Court considers --
           • whether conduct involves significant interference with health, safety, peace, comfort or convenience
           • whether conduct is proscribes by statute, ordinance or regulation
           • whether conduct is of continuing nature or produced a permanent, long lasting effect
     • Private
       • An activity or thing that substantially and unreasonably interferes with Ps use and enjoyment of the land