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Torts

Plaintiff's Conduct, Defamation, & Privacy

TermDefinition
PC Contributory Negligence Jurisdictions When P is any % at fault, P's neg means can't recover Possible Exception: Last Clear Chance Doctrine a) Helpless Peril: D had actual knowledge or should have known of P's helpless state b) Inattentive P: D had actual knowledge P was in actual peril
PC Comparative Negligence Jurisdiction - P is More Than 50% at Fault A) Modified or Partial Comparative Neg Jurisdiction - P cannot recover B) Pure Comparative Neg Jurisdiction - Recovery allowed for % of the award attributable to D
PC Comparative Negligence Jurisdiction - P is Less Than 50% at Fault A) Modified or Partial Comparative Neg Jurisdiction - P can recover B) Pure Comparative Negligence Jurisdiction - Recovery allowed for % of the award attributable to D
PC Negligence: Implied Assumption of Risk A) Contributory states - P cannot recover B) Abolished in comparative states
PC Negligence: Express Assumption of Risk Complete defense in all jurisdictions
PC Strict Liability 1) Contributory neg NOT A DEFENSE to strict liability 2) Implied assumption of risk - P cannot recover 3) Express assumption of risk - P cannot recover
Defamation: Definition Tends to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him Requires Publication
Defamation: Special Circumstances 1) Public figures can only hold someone liable if there was knowing falsehood 2) Large groups can't be defamed 3) Opinion protected when based on known facts Parody&Humor are protected 5) One who merely delivers material not liable if didn't know
Defamation: Mitior Sensus Take the words' least harmful meaning when it is ambiguous
Defamation: Libel vs. Slander Libel: Publication of defamatory matter by written or printed words Slander: Publication of defamatory matter by spoken words
Defamation: Slander per se 1) Criminal Conduct 2) STDs 3) Business or professional reputation 4) Adultery / Sexual misconduct
Defamation: Defenses 1) Truth is an absolute defense 2) Privileges (malice negates privilege) a) Anything said in court b) Fair reporting privilege - taking info from gov't reports is privileged c) Speech and debate - Congressmen can't be sued for saying during leg. duty
Privacy: Intrusion Upon Seclusion One who intentionally intrudes, physically or otherwise, upon the solitude of another or his private affairs is subject to liability if the intrusion would be highly offensive to a reasonable person
Privacy: Public Disclosure of Embarrassing Private Facts Giving publicity to a matter concerning private life of another is subject to liability to the other if the matter is one of a kind that: a) Would be highly offensive to a reasonable person and b) Is not of legitimate concern to the public
Privacy: False Light Giving publicity to a matter concerning another that places the other in a false light to the public causes liability if: a) False light in which placed would be highly offensive to a reasonable person and b) Actor had knowledge of the falsity
Privacy: Appropriation of Plaintiff's Name or Likeness (Right to Publicity) One who appropriates to his own use or benefit the name or likeness of another is subject to the other for invasion of his privacy Some states limit to commercial use
Created by: corey.combs