Exam 13: Defamation and Related Torts

The status of the plaintiff and the subject matter of the statement are the key features shaping defamation law today.

Today if the elements of libel are proved, damages are always presumed.

If the value of a plaintiff's name is used for a defendant's financial gain, the plaintiff can sue for , while if a defendant uses binoculars to monitor a plaintiff's activities inside the home, the plaintiff can sue for . If a defendant publishes an article about the plaintiff that makes that plaintiff appear ridiculous, the plaintiff has a potential claim for , while if a defendant publicizes intimate details of the plaintiff's life, the plaintiff may have a claim for .

A defendant who intentionally files a false levy of execution commits slander of title.

A plaintiff may have grounds for a false light claim if the plaintiff can show that the defendant's publicity depicted him or her as being pathetic.

Corporations, partnerships, and other types of business associations cannot be defamed.

Making a defamatory statement for the purpose of gaining a competitive advantage is not privileged.

Written defamatory statements are referred to as , while oral defamatory statements are referred to as . The latter requires the plaintiff to prove that he or she suffered some kind of unless the plaintiff is able to show that the statement fell into one of the four categories of _.

Reports of court proceedings and legislative hearings are subject to qualified immunity.

A plaintiff's reputation must actually be injured in order to prove defamation.

Why do the courts give less protection to public figures than to those not in the public eye?

A statement that is substantially true cannot be considered defamatory.

Give an example of an absolute privilege.

A plaintiff can recover for pecuniary but not nonpecuniary losses in a defamation case.

A plaintiff cannot recover for defamation if everyone who hears a defamatory statement believes it to be false.

According to the copies of a book are sold.

The mere use of the plaintiff's name by the defendant, so long as the defendant uses the name for his or her own pecuniary gain, constitutes appropriation.

Invasion of privacy is one of the original torts dating back to the times of the development of actions in trespass.

If a defendant disparages the property right of another the defendant commits the tort of , while if the defendant disparages the business of another the defendant commits the tort of . Both torts fall under the general category of .

If the defamatory content of a statement is not apparent unless certain extrinsic facts are made known, a plaintiff will have to show the in his or her pleadings.